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HomeMy WebLinkAbout2177 ORDINANCE NO. 2177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORi\!!A, AMENDING ARTICLE IV, CHAPTER 2 OF THE ARCADLA. MUNICIPAL CODE BY ADDING A NEW PART 6 REGARDING LOITERING BY CRIMINAL STREET GANGS WHEREAS, the City of Arcadia, 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; and WHEREAS, the City is concerned with the level of street gang violencc, street gang activity and street gang crime in the City, and has determined that the establishment and enforcement of an ordinance prohibiting loitering is an effective and necessary means to dccrcase crime, violence and victimization; and WHEREAS, there are over 300 criminal street gangs numbering over 65,000 members operating within Los Angeles County, including 18 Asian gangs with known memberships in Arcadia; and WHEREAS, the cnmes being committed by criminal street gang members include serious offenses such as murder by drive-by shootings, aggravated assault, robberies, burglaries and drug-relatcd crimes; and WHEREAS, in 1998, there were 68 homicides in the unincorporated areas of Los Angeles County believed to have been committed by members of criminal street gangs, including two murders in Arcadia occurring in September 2002; and WHEREAS, loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and prope11y in the area; and WHEREAS, members of criminal street gangs establish control over identifiable areas of the community by loitering in those areas and intimidating others from entering, and some 2177 residents of the community are afraid to leave their homes or to call the police to report the presence of and intimidation by gang members; and WHEREAS, criminal street gangs extend their unlawful activity throughout all areas of Los Angeles County, including the City of Arcadia; and WHEREAS, the City 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 City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. Part 6 is hereby added to Article lV, Chapter 2 of the Arcadia Municipal Code to read as follows: 4253. "PART 6. LOITERING BY CRIMINAL STREET GANGS PROHIBITED ACTS. (a) It is unlawful for any person who is a member of a "criminal street gang", as that teml is defined in Califomia Penal Code section 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 Section 4253 (b) under any of the following circumstances: (I) With the intent to publicize a criminal street gang's dominance over certain territory in order to intimidate non-members of the gang from entering, remaining in, or using the public place or adjacent area; 2 2177 (2) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. (b) For purposes of this chapter, 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, or 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. 4254. 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 the absence of this chapter. 4255. PARENT AL CONTROL. Any parent(s) and legal guardian(s), or other adult person(s) authorized by said parent(s) or legal 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. 4256. PENAL TY. Violation of this chapter shall be punishable by a fine not to exceed $500 or by imprisonment not to exceed six months, or both. 4257. SEVERABILITY. lf any provision or clause of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other 3 2177 provision or application of this chapter which can be given without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable." SECTION 2. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This ordinance shall take effect thirty-one (31) days after its enactment. Passed, approved, and adopted this 6 th day of May .2003. Ma ATTEST: APPROVED AS TO FORM: f;e~~ r ('d-e;(;;:f!, City Attorney 4 2177 ST ATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the foregoing Ordinance No. 2177 was passed and adopted by the City Council ofthe City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of May, 2003 and that said Ordinance was adopted by the following vote, to wit: A YES: Council members Kovacic, Marshall, Wuo and Chang NOES: None ABSENT: Councilmember Segal 5 2177