A.
The
city council finds and declares that it is the right of every person
to be secure and protected from fear, intimidation, and physical harm
caused by the activities of violent groups and individuals. It is
not the intent of this chapter to interfere with the exercise of the
constitutionally protected right of freedom of expression and association.
The city council recognizes the constitutional right of every citizen
to harbor and express beliefs on any lawful subject whatsoever, to
lawfully associate with others who share similar beliefs, to petition
lawfully constituted authority for a redress of perceived grievances,
and to participate in the electoral process.
B.
The
city council, however, further finds that a state of crisis has been
caused by violent street gangs whose members threaten, terrorize and
commit a multitude of crimes against the peaceful citizens of their
neighborhoods. These activities, both individually and collectively,
present a clear and present danger to public order and safety and
are not constitutionally protected. It is the intent of the city council
in enacting this chapter to seek the eradication and prevention of
criminal activity by street gangs by focusing upon patterns of criminal
gang activity and upon the organized nature of street gangs, which
together, are the chief source of terror created by street gangs.
The city council further finds that an effective means of punishing
and deterring the criminal activities of street gangs is through forfeiture
of the profits, proceeds and instrumentalities acquired, accumulated
or used by street gangs.
(Ord. 864 § 1, 1990)
A.
Any
person who actively participates in any criminal street gang with
knowledge that its members engage in or have engaged in a pattern
of criminal gang activity, and who wilfully promotes, furthers, or
assists in any felonious criminal conduct by members of that gang,
shall be guilty of a misdemeanor, punishable by a fine not exceeding
one thousand dollars, or by imprisonment in the county jail not exceeding
six months, or by both.
B.
As used
in this chapter, "pattern of criminal gang activity" means the commission,
attempted commission, or solicitation of two or more of the following
offenses, provided at least one of those offenses occurred after the
effective date of this chapter and the last of those offenses occurred
within three years after a prior offense, and the offenses are committed
on separate occasions, or by two or more persons:
1.
Assault
with a deadly weapon or by means of force likely to produce great
bodily injury, as defined in Section 245 of the California Penal Code;
2.
Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the California Penal Code;
3.
Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the California Penal Code;
4.
The
sale, possession for sale, transportation, manufacture, offer for
sale, or offer to manufacture controlled substances as defined in
Section 11054, 11055, 11056, 11057 and 11058 of the California Health
and Safety Code;
5.
Shooting
at an inhabited dwelling or occupied motor vehicle, as defined in
Section 246 of the California Penal Code;
6.
Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of the California Penal Code;
7.
The
intimidation of witnesses and victims, as defined in Section 136.1
of the California Penal Code.
C.
As used in this chapter, "criminal street gang" means any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivisions 1 through 7, inclusive, of subsection B of this section, which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(Ord. 864 § 1, 1990)
Every building or place, used by members of a criminal street gang for the purpose of the commission of the offenses listed in subsection B of Section 9.32.020 or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place, wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined, abated and prevented.
(Ord. 864 § 1, 1990)
This chapter does not apply to employees engaged in concerted
activities for their mutual aid protection, or the activities of labor
organizations or their members or agents.
(Ord. 864 § 1, 1990)
