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 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 9.09.010(B) under any of the following circumstances:
1.
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.
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, 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. 928-03 § 1)
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.
(Ord. 928-03 § 1)
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 chapter is guilty of a misdemeanor as provided in Chapter 1.08 of this code.
(Ord. 928-03 § 1)
Violation of this chapter shall be punishable as a misdemeanor as provided in Chapter 1.08 of this code.
(Ord. 928-03 § 1)
