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 9.50.010B under any of the follow circumstances:
1.
With the intent to publicize a criminal street gang's dominance over
certain territory in order to intimidate nonmembers 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. 1133 § 2, 2003)
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. 1133 § 2, 2003)
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.
(Ord. 1133 § 2, 2003)
Violation of this chapter shall be punishable by a fine not
to exceed $500 or by imprisonment not to exceed six months, or both.
(Ord. 1133 § 2, 2003)
If any provision or clause of this chapter or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect any other provision or application of this chapter
which can be given effect without the invalid provision or application,
and to this end of provisions of this chapter are declared to be severable.
(Ord. 1133 § 2, 2003)
