Pomona Municipal Code Art. VII 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 Penal Code § 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 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 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 section, the term "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, walkway of any private residence, business or apartment house.

(Ord. No. 3991, § 16-8.1, 7-21-2003)

Nothing in this article 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 the absence of this article.

(Ord. No. 3991, § 16-8.2, 7-21-2003)

Any parent, legal guardian, or other adult person authorized to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of subsection 34-291(a) is guilty of a misdemeanor.

(Ord. No. 3991, § 16-8.3, 7-21-2003)

Violation of subsection 34-291(a) shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed six months, or both.

(Ord. No. 3991, § 16-8.4, 7-21-2003)