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.
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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.
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(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
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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
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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
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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
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�^. 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
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