[Adopted 8-20-2007 by L.L. No. 3-2007 (Part 68 of the 2003 Code)]
A. 
A person is guilty of loitering for the purpose of facilitating gang activity when he or she loiters, remains or wanders about in a public place alone or with one or more other people for the purpose of engaging or preparing to engage in:
(1) 
Tumultuous, violent or threatening conduct for the purpose of promoting gang activity or the recruitment in gang membership or when, being present at an assembly which either has or develops such purpose, he or she remains there with intent to advance that purpose; or
(2) 
He or she engages in activity which is intended to intimidate the public, or interferes with the free passage of another, or attempts to stop motor vehicles, for the purpose of promoting gang activity or interests or to intimidate another to advance the fear of the gang.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
SCHOOLS
In or on or within any building, structure, school bus as defined in the Vehicle and Traffic Law, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational or high school.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars, buses, school buses as defined in the Vehicle and Traffic Law, and air, boat, railroad and bus terminals and stations and all appurtenances thereto.
Any person who shall violate this article shall be guilty of a Class A misdemeanor, punishable by a fine of not less than $250 nor more than $1,000 which must be imposed and a term of imprisonment for a period not to exceed one year which may be imposed, or both, for a first offense; a fine of not less than $1,000 nor more than $2,500 which must be imposed and a term of imprisonment for a period not to exceed one year which may be imposed, or both, for a second offense within five years of a conviction; and a fine of not less than $2,500 nor more than $5,000 which must be imposed and a term of imprisonment for a period not to exceed one year, or both, for a third offense within five years of the first conviction.