[Ord. 2014-30, 7-21-2014]
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 designated for the enforcement of this chapter under Section 58-2 of this chapter, the police officer shall, subject to all applicable procedures promulgated by the Chief of Police: a) 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; b) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and c) inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering within the sight or hearing of the place at which the order was issued, during the next eight hours.
[Ord. 2014-30, 7-21-2014]
The Chief of Police shall, by written directive, designate areas
of the Village in which the chief has determined that enforcement
of this chapter is necessary, in order to prevent criminal street
gangs from establishing control over such identifiable areas or to
prevent the concealment of illegal activities, which would be facilitated
by gang loitering. Prior to making a determination under this section,
the chief shall consult, as he or she deems appropriate, with persons
who are knowledgeable about the effects of gang activity in areas
in which this chapter may be enforced. Such persons may include, but
need not be limited to, members of the Village's police department
with special training or experience related to criminal street gangs;
other personnel of the Village's police department with particular
knowledge of gang activities in the proposed designated area; elected
and appointed officials of the Village; and community based organizations.
The chief shall develop and implement procedures for periodic review
and updating of designations made under this section.
[Ord. 2014-30, 7-21-2014]
The Chief of Police shall, by written directive, promulgate
procedures to prevent the enforcement of this chapter against persons
who are engaged in collective advocacy activities that are protected
by the constitution of the United States or the state of Illinois.
[Ord. 2014-30, 7-21-2014; Ord. 2014-48, 12-15-2014]
As used in this chapter:
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 by gang members:
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The following sections of the criminal code of 1961: 9-1 (murder),
9-3.3 (drug induced homicide), 10-1 (kidnapping), 10-4 (forcible detention),
11-1.30 (aggravated criminal sexual assault), 12-2(c)(2)-(3) (aggravated
assault - discharging firearm), 12-3.05 (aggravated battery), 12-6
(intimidation), 12-6.5 (compelling organization membership of persons),
18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential
burglary), 19-5 (criminal fortification of a residence or building),
19-6 (home invasion), 20-1 (arson), 20-1.1 (aggravated arson), 20-2
(possession of explosives or explosive or incendiary devices), 24-1
(unlawful use of weapons), 24-1.1 (unlawful use of weapons by felons
or persons in the custody of the department of corrections facilities),
24-1.2 (aggravated discharge of a firearm), 25-1 (mob action - violence),
33-1 (bribery), 33A-2 (armed violence); Section 5, 5.1, 7 or 9 of
the cannabis control act where the offense is a felony (manufacture
or delivery of cannabis, cannabis trafficking, calculated criminal
cannabis conspiracy and related offenses); or Section 401, 401.1,
405, 406.1, 407 or 407.1 of the Illinois controlled substances act
(illegal manufacture or delivery of a controlled substance, controlled
substance trafficking, calculated criminal drug conspiracy and related
offenses).
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Any ongoing organization, association, association in fact
or group of three or more persons, whether formal or informal, having
as one of its substantial activities the commission of one or more
criminal acts enumerated in "criminal gang activity" as defined herein,
and whose members individually or collectively engage in a pattern
of criminal or gang activity.
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
those areas, or to conceal illegal activities.
Two or more acts of criminal gang activity, of which at least
two such acts were committed within five years of each other.
The public way or any other location open to the public,
whether publicly or privately owned.
[Ord. 2014-30, 7-21-2014]
Any person who fails to obey promptly an order issued under Section 58-1 of this chapter, or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the eight hour period following the time the order was issued, shall be subject to a fine of not less than $100 and not more than $750 for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days' imprisonment.
In addition to or instead of the above penalties, any person
who violates this chapter may be required to perform up to 120 hours
of community service through the sheriff's work alternative program
(SWAP) or in the alternative through the department of social services,
should the person be ineligible for SWAP due to age.
[Ord. 2014-30, 7-21-2014]
Upon a third or subsequent conviction for a violation of Section 58-1 of this chapter or Section 59-1 of this Code, or any combination thereof, within any twelve-month period, a court, in addition to imposing the penalties prescribed in Section 58-5 of this chapter, shall enter an order requiring the convicted person to refrain, for a mandatory period of 30 days, from gang loitering, or "narcotics related loitering" as defined in Section 59-3 of this Code, within sight and hearing of the place of the police officer's order issued under Section 58-1 of this chapter which served as the basis for the person's most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this section shall be subject to a mandatory minimum sentence of not less than five days' imprisonment, but not more than six months' imprisonment, plus a fine of not less than $100 and not more than $750, for each violation. In addition to or instead of the penalties prescribed in this section, any person who violates an order issued by a court under this section may be required to perform up to 120 hours of community service, pursuant to Section 58-5 of this chapter.
