Sanger Municipal Code Art. VI Prohibited Acts by Criminal Street Gangs

Footnotes:

--- (5) ---

Editor's note— Ord. No. 1122, § 1, adopted April 7, 2011, set out provisions intended for use as § 38-23. To prevent duplication of section numbers, and at the editor's discretion, these provisions have been included as §§ 38-201—38-204.

(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 § 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 this section under any of the following circumstances:

(1) With the intent to publicize a criminal street gang's control or 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.

(3) In such a manner that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable the criminal street gang to establish control or dominance over the public place or adjacent area, to intimidate nonmembers of the gang from entering the public place or adjacent area, or to conceal unlawful activity.

(b) For purposes of this article, 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.

(Ord. No. 1122, § 1(38-23.1), 4-7-11)

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 absence of this article.

(Ord. No. 1122, § 1(38-23.2), 4-7-11)

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 article is guilty of a misdemeanor subject to the penalties set forth in section 1-7 of the Sanger City Code.

(Ord. No. 1122, § 1(38-23.3), 4-7-11)

(a) Any person who violates a provision of this article is guilty of a misdemeanor subject to the penalties set forth in section 1-7 of the Sanger City Code. Minors shall be dealt with in accordance with California Welfare and Institutions Code and in accordance with any policies and procedures established by the city for handling juvenile cases.

(b) Prior to arresting any person or issuing a citation for violating the provisions of this section, the officer shall give the person an opportunity to disperse or remove themselves from the area. If the person does not leave or returns to the area during the following eight hours, the person may be arrested or issued a citation.

(c) The requirement in this section to provide notice to disperse shall in no way be construed to prohibit police officers from detaining and questioning persons suspected of violating this article before issuing the notice to disperse.

(Ord. No. 1122, § 1(38-23.4), 4-7-11)