Loading...
HomeMy WebLinkAbout568ORDINANCE NO. 568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING TITLE 9.20 OF THE IRWINDALE MUNICIPAL CODE RELATING TO LOITERING AND OBSTRUCTING THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. A. The City of Irwindale, under its police power, has the authority to take action where the potential exists for jeopardy to the public welfare, health and safety of its citizens. B. The City of Irwindale is concerned with the potential of street gang violence, street gang activity and street gang crime in the City of Irwindale, and has determined that the establishment and enforcement of an ordinance prohibiting loitering is an effective and necessary means to decrease crime, violence, and victimization. C. There are approximately 300 criminal street gangs with approximately 65,000 gang members operating in the unincorporated areas of Los Angeles County. The City of Irwindale lies within Los Angles County. Gangs often move between different areas of the county to meet, confer, and plan illegal activity. Criminal Street Gangs move about the county without regard for jurisdictional boundaries. Gang migration is a recent phenomenon; relatively few cities (13 percent) report their first gang migration as occurring before 1986. In most cities the emergence of local, indigenous gangs either preceded the onset of migration (54 percent) or occurred the same year (41 percent); in just 5 percent, the onset of migration preceded the emergence of local gang problems. Ordinance No. 568 Page 1 D. The crimes being committed by criminal street gang members include serious offenses such as murder by drive-by shootings, aggravated assault, robberies, burglaries and drug-related crimes. E. In 2002, there were 171 homicides that were committed by members of criminal street gangs in the unincorporated areas of Los Angeles County and the cities that contract with the Los Angles County Sheriff. This increase in homicides countywide has continued since 1998. F. Loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and property in the area. G. Members of criminal street gangs establish control over identifiable areas of the community by loitering in those areas and intimidating others from entering. Residents of the community are afraid to leave their 100) homes or to call the police to report the presence of and intimidation by gang members. H. The City of Irwindale finds and determines that having an enforceable ordinance targeted at loitering by members of criminal street gangs and those in company with members of criminal street gangs is critical to preserving the public health, safety and welfare of all citizens in the County. Ordinance No. 568 Page 2 (P-,, SECTION 2. Chapter 9.20 is added to read as follows: LOITERING BY CRIMINAL STREET GANGS 9.20.020 Prohibited Acts. A. Whenever a police officer observes a person whom he reasonably believes to be: (i) a member of a "criminal street gang" as defined herein; or, (ii) acting in concert with a member of a "criminal street gang," and is engaged in "gang loitering" as defined herein with one or more other persons, the police officer shall: (1) inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal street gang members is prohibited; (2) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and (3) inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering at or within the sight or hearing of the place at which the order was issued. Any person who fails to obey the order promptly or engages in further gang activity shall be in violation of this chapter and subject to arrest. B. For purposes of this chapter: i. "public place" means any 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 Ordinance No. 568 Page 3 business, to which the public is invited, including any place of amusement, 1114) entertainment, or eating place. "Public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house. ii. "Gang loitering" means remaining in a public place with no apparent purpose other than to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal and/or engage in illegal activities. iii. "Criminal street gang" shall have the meaning ascribed in California Penal Code Section 186.22(f), as may be amended, and of the date of this Ordinance defines "criminal street gang" as "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 the one or more of the criminal acts enumerated in paragraphs (1) to (23), of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity." iv. "Criminal gang activity" means the commission, attempted commission, or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members: murder, kidnapping, assault, battery, intimidation, robbery, burglary, arson, unlawful use or possession of weapons or explosives, illegal manufacture or delivery of Ordinance No. 568 Page 4 controlled substances. V. "Pattern of criminal gang activity" means two or more acts of criminal gang activity of which at least two such acts were committed within five years or each other. 9.20.030 Powers of Law Enforcement Officers Not Limited. 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. 9.20.040 Parental Control. Any parent(s), legal guardian(s), or other adult person(s) authorized by !o"�' 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. 9.20.050 Penalty. Violation of this chapter shall be punishable by a fine not to exceed $1,000 or by imprisonment not to exceed six months, or both. 9.20.060 Severability. 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 i00*11 declared to be severable. Ordinance No. 568 Page 5 PASSED, APPROVED AND ADOPTED this 12"' day of May 2003. `i Mark A. Breceda, Mayor ATTEST: All j I I mb) :. . .MC Deputy City Clerk Fh Ordinance No. 568 Page 6 �^. STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } a I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California do hereby certify that the foregoing Ordinance No. 568 was introduced at a regular meeting of the City Council of the City of Irwindale held on the 28th day of April 2003, and was duly passed at a regular meeting of the City Council of the City of Irwindale held on the 12th day of May 2003, by the following vote: AYES: Councilmembers: Miranda, Tapia, Garcia, Ramirez, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None AFFIDAVIT OF POSTING I, nda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 568, adopted by the City Council of the City Irwindale at Its regular meeting hell May 12, 2003, to be posted at the qty Hail, Library, and Post Ofte on May 13, 2003. 4puti1 off) Dated: May 13, 2003 v Kimbro,MC Clly Clerk Ordinance No. 568 Page 7