Lancaster Municipal Code Ch. 9.18 Loitering by Criminal Street Gangs

A. It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in California Penal Code Section 186.22(f) 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 defined in Section 9.18.010(B), or to attend or be physically present at any "city event" as defined in Section 9.18.010(C), 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 nonmembers of the 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 other unlawful activity.

B. For purposes of this chapter, a "public place" means the public way and any other 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. Any "public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

C. For purposes of this chapter, a "city event" means either (or both) of the following: (i) an event held or sponsored by the city; and/or (ii) an event conducted or held by any person, entity, business or group that is held in any public park or facility or on any public property.

(Ord. 765 § 2, 1999)

(Ord. No. 953, § 2, 9-28-2010)

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. 765 § 2 (part), 1999)

Any parent(s), legal guardian(s), or other adult person(s) authorized by such 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. 765 § 2 (part), 1999)

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

(Ord. 765 § 2 (part), 1999)

(Ord. No. 1097, § 5(Exh. D), 1-10-2023)

If any provision or clause of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end of provisions of this chapter are declared to be severable.

(Ord. 765 § 2 (part), 1999)