[HISTORY: Adopted by the Township Council of the Township
of Hamilton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 345.
[Adopted 12-20-2005 by Ord. No. 05-054 (Ch. 86, § 86-25,
of the 1994 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
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 commonly engaged in by
criminal street gang members.
The following is a listing of such activity under the New Jersey
Code of Criminal Justice:
N.J.S.A. 2C:11-2, Homicide;
N.J.S.A. 2C:12-1b, Aggravated Assault (Firearm);
N.J.S.A. 2C:13-1, Kidnapping;
N.J.S.A. 2C:13-2, Criminal Restraint;
N.J.S.A. 2C:15-1, Robbery (Home Invasion);
N.J.S.A. 2C:18-2, Burglary;
N.J.S.A. 2C:28-5, Tampering with Witnesses;
N.J.S.A. 2C:33-28, Gang Recruitment, Threats, Intimidation;
N.J.S.A. 2C:35-1, Controlled Dangerous Substances;
N.J.S.A. 2C:35-3, Leader of Narcotics Trafficking Network;
N.J.S.A. 2C:35-4, Maintaining or Operating a Controlled Dangerous
Substance House or Facility;
N.J.S.A. 2C:35-4.1, Fortified Premises;
N.J.S.A. 2C:35-6, Employing a Juvenile in Drug Distribution;
N.J.S.A. 2C:35-7, Controlled Dangerous Substance (CDS) Within
1,000 Feet of School;
N.J.S.A. 2C:35-10, Possession of CDS;
N.J.S.A. 2C:39-3, Possessions of Firearms and all subsections;
N.J.S.A. 2C:39-4, Possession of Weapons (Firearms) for Unlawful
Purpose;
N.J.S.A. 2C:39-13, Unlawful Use of Bulletproof Vest.
All subsections of the statutes listed apply as well as those
that were mentioned specifically.
As defined in N.J.S.A. 2C:33-29.[1]
Remaining in any one place under circumstances that would
warrant a reasonable person to believe that the purpose or effect
of that behavior is to enable a criminal street gang to establish
control over identifiable areas, to intimidate others from entering
such areas, or to conceal illegal activities of which criminal street
gangs engage in daily causing an extreme danger to the public at large.
Two or more acts of criminal gang activities of which at
least two such acts were committed within five years of each other.
The public way and any other location open to the public,
whether publicly or privately owned.
A.
Whenever a police officer observes a member of a criminal street
gang engaged in gang loitering with one or more persons in any public
place, 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 the
designated area at which the order was issued;
(3)
Inform those persons that they will be subject to arrest if they
fail to obey the order promptly or engage in further loitering, within
the next three hours, within the designated place at which the order
was issued.
B.
This section shall not apply to persons who are engaged in collective
advocacy activities that are protected by the Constitution of the
United States or the State of New Jersey.
[Adopted 12-6-2006 by Ord. No. 06-037 (Ch. 86, § 86-21,
of the 1994 Code of Ordinances)]
No individual shall solicit or recruit another person to join
or actively participate in a criminal street gang on, or within 2,500
feet of, school property or any Township park.
As used in this article, the following terms shall have the
meanings indicated:
As defined in N.J.S.A. 2C:33-29.[1]
