Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY

(A) Definitions . For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

TUMULTUOUS CONDUCT. Conduct that results in or is likely to result in serious bodily injury to a person or substantial damage to property.

UNLAWFUL ASSEMBLY. An assembly of five or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means. Prior concert is not necessary to form an unlawful assembly.

• (B) Prohibitions . No person shall recklessly, knowingly, or intentionally:

• (1) Engage in fighting or in tumultuous conduct;

• (2) Make unreasonable noise and continue to do so after being asked to stop;

• (3) Disrupt a lawful assembly of persons;

• (4) Obstruct vehicular or pedestrian traffic; or

• (5) Participate in unlawful assembly.

(`67 Code, § 7-3-2)

(A) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.

(B) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.

(C) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

Penalty, see § 10.99

(A) It shall be unlawful for any minor under the age of 18 years to loiter on a public street or in or about any other public place in the city between the hours of 11:00 p.m. and 5:00 a.m. of the day immediately following, unless the minor is accompanied by his parent, guardian or an adult person having legal control or charge of the minor. (`67 Code, § 7-7-1)

(B) It shall be unlawful for any parent, guardian or any adult person having legal control or charge of any minor under the age of 18 years to permit, allow or let such minor loiter on a public street or in or about any other public place in the city between the hours of 11:00 p.m. and 5:00 a.m. of the day immediately following, unless such minor is accompanied by a parent, guardian or other adult person having legal control or charge of such minor. (`67 Code, § 7-7-2)

(C) It shall be unlawful for any person to assist, aid, abet or encourage any minor under the age of 18 years to loiter on a public street or in or about any other place in the city between the hours of 11:00 p.m. and 5:00 a.m. of the day immediately following unless such minor is accompanied by a parent, guardian or other adult person having legal control or charge of such minor.

(`67 Code, § 7-7-3) (Ord. 109, passed 12-8-52)

• (D) This section does not apply to a minor who is:

• (1) Accompanied by a parent, guardian, or custodian;

• (2) Accompanied by an adult specified by a parent, guardian, or custodian;

• (3) Carrying out an errand or other lawful activity as directed by a parent, guardian, or custodian;

(4) Occupying the sidewalk of the place where the minor resides, or the sidewalk of a place where the minor has permission from his or her parent or guardian to be, or the sidewalk of a next-door neighbor not communicating an objection to a police officer; or

(5) Participating in, going to, or returning from: lawful employment; a lawful athletic, educational, entertainment, religious, or social event; or interstate travel.

It shall be unlawful for any person to wilfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to interfere with any dog while such animal is being used by the Riverbank Police Services Division, or any officer or employee thereof, in the performance of any function or duty of the Department, or of such officer or employee.

(`67 Code, § 7-2-6) (Ord. 85-10, passed 9-9-85) Penalty, see § 10.99

It is unlawful for any person to discharge, release, or otherwise cause to be placed human urine in any place open to the public, upon any street, alleyway, walkway, gully, telephone booth, park or other public way, in or upon any parking lot to which the public has access, in or upon any premises, public property or a vacant lot to which the public has access, in or upon any premises, public property or a vacant lot, or in any water or waterway, upon levees or tanks adjacent thereto except in toilets, portable toilets, or other receptacles designed for the purpose of urination. (`67 Code, § 7-3-4) (Ord. 99-02, passed 3-8-99) Penalty, see § 130.99

It is unlawful to discharge, release, or otherwise cause to be placed human feces or other material from human bowels in any place open to the public, upon any street, alleyway, walkway, gully, telephone booth, park, or other public way, in or upon any parking lot to which the public has access, in or upon any premises, public property or vacant lot, or in any water or waterway, upon levees or tanks adjacent thereto, except in toilets, portable toilets, or other receptacles designed for the purpose of defecation and designated for that purpose.

(`67 Code, § 7-3-5) (Ord. 99-02, passed 3-8-99) Penalty, see § 130.99

It is unlawful for any person to spit or expectorate any secretion, saliva, or other substance in any place open to the public, upon any street, alleyway, walkway, gully, telephone booth, park or other public way, or in any parking lot to which the public has access, in or upon any premises, public property or vacant lot, or in any water or waterway, upon levees or tanks adjacent thereto.

(`67 Code, § 7-3-6) (Ord. 99-02, passed 3-8-99) Penalty, see § 130.99

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER. A person who has, within the knowledge of the arresting officer, been convicted in any court within the state of any unlawful drug activity, or convicted of any substantially similar activity under the laws of any other state, or a person who displays physical characteristics of drug intoxication or usage, including but not limited thereto such things as needle tracks, or persons arrested within two years while in the possession of illegal controlled substances or drug paraphernalia.

UNLAWFUL DRUG ACTIVITY. Any act or conduct declared to be unlawful under the provisions of Cal. Health & Safety Code §§ 11350 through 11400 and such amendments thereto as may hereafter be adopted.

(B) It is unlawful for any person to loiter in, on, or near any thoroughfare or place open to the public or place open to public view in a manner and under circumstances manifesting a purpose of engaging in unlawful drug activity.

(C) Among the circumstances that may be considered in determining whether a person has violated this section based upon the knowledge and personal observations of the arresting officer are the following:

(1) The person is a known unlawful drug user, possessor, or seller.

(2) The person is in the company of or inside or near a vehicle registered to a known unlawful drug user, possessor, seller, or a person for whom there is an outstanding warrant for unlawful drug activity.

(3) The person is currently subject to an order prohibiting his or her presence in a drug area or prohibiting the person from being in the company of a known drug user, possessor, or seller.

(4) The person behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in or is about to engage in any unlawful drug activity, including by way of example only acting as a lookout, making gestures or statements to motorists or pedestrians known to represent invitations to purchase or sell drugs, or exchanging small objects or packages with another person in a furtive manner.

(5) The person is identified as a member of a criminal street gang as defined in Cal. Penal Code § 186.22(f) or a group which has, among its members, known unlawful drug users, possessors, or sellers. The method of identification may include but is not limited to the wearing of distinctive clothing or insignias.

(6) The person attempts to conceal himself or herself from the observation of the arresting officer or conceals or disposes of any object which reasonably could be involved in the conduct of any unlawful drug activity. (`67 Code, § 7-3-7) (Ord. 99-02, passed 3-8-99) Penalty, see § 130.99

STREET GANGS

(A) Recognition of rights. The City Council hereby finds and declares that it is the right of every person to be secure and protected from fear, intimidation and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The City Council hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances and to participate in the electoral process.

(B) Intent of chapter; deterring activity. The City Council, however, further finds that a state of crises can readily be created by violent street gangs whose members threaten, terrorize and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, can present a clear and present danger to public order and safety and are not constitutionally protected. It is the intent of the City Council in enacting this chapter to deter and prevent criminal activity by street gangs by focusing upon patterns of criminal activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The City Council further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds and instrumentalities acquired, accumulated or used by street gangs.

(`67 Code, § 7-17-1) (Ord. 92-15, passed 10-12-92)

(A) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal activity, and who wilfully promotes, furthers or assists in any felonious criminal conduct by members of that gang, shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment in the county jail not exceeding six months, or both.

(B) As used in this subchapter, PATTERN OF CRIMINAL GANG ACTIVITY means the commission of, attempted commission of, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided that at least one of these offenses occurred after the effective date hereof and the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions, or by two or more persons:

• (1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Cal. Penal Code § 245.

• (2) Robbery, as defined in Cal. Penal Code §§ 211 et seq.

• (3) Unlawful homicide or manslaughter, as defined in Cal. Penal Code §§ 187 et seq.

• (4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Cal. Health and Safety Code §§ 11054 through 11058.

• (5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Cal. Penal Code § 246.

• (6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in Cal. Penal Code §§ 12034(a) and (b).

• (7) Arson, as defined in Cal. Penal Code §§ 450 et seq .

• (8) The intimidation of witnesses and victims, as defined in Cal. Penal Code § 136.1.

• (9) Grand theft, as defined in Cal. Penal Code § 487, when the value of the money, labor, or real or personal property taken exceeds $ 10,000.

• (10) Grand theft of any vehicle, trailer, or vessel, as described in Cal. Penal Code § 487h (repealed).

• (11) Burglary, as defined in Cal. Penal Code § 459.

• (12) Rape, as defined in Cal. Penal Code § 261.

• (13) Looting, as defined in Cal. Penal Code § 463.

• (14) Money laundering, as defined in Cal. Penal Code § 186.10.

• (15) Kidnapping, as defined in Cal. Penal Code § 207.

• (16) Mayhem, as defined in Cal. Penal Code § 203.

• (17) Aggravated mayhem, as defined in Cal. Penal Code § 205.

• (18) Torture, as defined in Cal. Penal Code § 206.

• (19) Felony extortion, as defined in Cal. Penal Code §§ 518 and 520.

• (20) Felony vandalism, as defined in Cal. Penal Code § 594(b)(1).

• (21) Carjacking, as defined in Cal. Penal Code § 215.

• (22) The sale, delivery, or transfer of a firearm, as defined in Cal. Penal Code § 12072.

• (23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of Cal. Penal Code § 12101(a)(1).

• (Cal. Penal Code §§ 186.22 (e) (1) through (23)) (`67 Code, § 7-17-2) (Ord. 92-15, passed 10-12-92)

(C) As used in this subchapter, CRIMINAL STREET GANG means any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in divisions (B)(1) through (B)(9), inclusive, above, having a common name or common identifying sign or symbol, whose numbers individually or collectively engage in or have engaged in a pattern of criminal activity.

• (Cal. Penal Code § 186.22 (f)) (`67 Code, § 7-17-2) (Ord. 92-15, passed 10-12-92)

Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in § 130.16(B) or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place, wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined, abated, and prevented and for which damages may be recovered, whether it is a public or private nuisance, pursuant to Cal. Penal Code, § 186.22 a .

(Cal. Penal Code, § 186.22 a (a)) (`67 Code, § 7-17-3) (Ord. 92-15, passed 10-12-92)

(A) Whoever violates any provision of this chapter for which no other penalty has been established shall be punished as provided in § 10.99.

(B) Any person violating any provision of §§ 130.05 through 130.08 is guilty of a misdemeanor. Any person convicted of a misdemeanor for the first time under this section shall be subject to a fine of $250, or to imprisonment in the county jail for a period of 60 days, or to both fine and imprisonment. Any person convicted of any provision of §§ 130.05 through 130.08 for the second or greater time within one year shall be subject to a fine of up to $1,000, or to imprisonment in the county jail for a period not to exceed 180 days, or to both such fine and imprisonment. (`67 Code, § 7-3-12) (Ord. 99-02, passed 3-8-99)