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
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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;
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(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
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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
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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
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