La Mirada Municipal Code Ch. 9.09 Loitering by Criminal Street Gangs

(a) Notwithstanding any other provision of this code, it is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code § 186.22(f), or any successor provision thereto, or who is in the company of or acting in concert with a member of a criminal street gang, to loiter or idle in a public place, as that term is defined in subsection (b) of this section, under any of the following circumstances:

(1) With the intent to publicize a criminal street gang's dominance over certain territory in order to intimidate non-members of that gang from entering, remaining in, or using the public place or adjacent area;

(2) With the intent to conceal ongoing commerce in illegal drugs or any other unlawful activity.

(b) For purposes of this chapter, a "public place" means the public right-of-way and any other area or location open to the public, whether publicly or privately owned, including, but not limited to, any street, sidewalk, avenue, highway, road, curb area, alley, park, playground, or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately-owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place. "Public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

(Ord. 579 § 1 (part), 2003)

Nothing in this chapter shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this chapter.

(Ord. 579 § 1 (part), 2003)

Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits, or by insufficient control allows a minor to violate the provisions of this chapter, is guilty of a misdemeanor.

(Ord. 579 § 1 (part), 2003)

(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of the provisions of this chapter is committed, continued or permitted by such person, and shall be deemed punishable therefor as provided herein.

(b) Civil Remedies Available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of nuisances.

(Ord. 579, §§ 2, 3, 2003).