[Adopted 5-10-2006 by Ord. No. 06-040]
Whenever a police officer observes an individual whose actions or conduct gives the officer reasonable cause to believe that person is a member of a criminal street gang engaged in gang loitering with one or more persons in any public place designated under §
315-2 of this article, the police officer shall, subject to all applicable procedures promulgated by the Police Director.
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 the designated area at which the order was issued;
C. 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.
As used in this article, the following terms shall have the meanings
indicated:
CRIMINAL GANG ACTIVITY
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: 2C:11-2 Homicide; 2C:13-1 Kidnapping; 2C:13-2 Criminal restraint;
2C:12-1b Aggravated assault (firearm); 2C:28-5 Tampering with witnesses; 2C:15-1
Robbery (home invasion); 2C:33-28 Gang recruitment, threats, intimidation;
2C:18-2 Burglary; 2C:35-1 Controlled dangerous substances; 2C:35-3 Leader
of narcotics trafficking network; 2C:35-4 Maintaining or operating a controlled
dangerous substance house or facility; 2C:35-4.1 Fortified premises; 2C:35-6
Employing a juvenile in drug distribution; 2C:35-7 CDS within 1,000 feet of
school; 2C:35-10 Possession of CDS; 2C:17-1 Arson; 2C:39-3 Possessions of
firearms and all subsections; 2C:39-6 Possession of explosives; 2C:39-4 Possession
of weapons (firearms) for unlawful purpose; 2C:39-13 Unlawful use of bulletproof
vest. All subsections of the statutes listed apply as well as those that were
mentioned specifically.
CRIMINAL STREET GANG
Any ongoing organization, association, in fact or group, of three
or more persons, having as one of its activities the commission of one or
more criminal acts enumerated herein, and whose members individually, or collectively,
engage in or have engaged in a pattern of criminal gang activity.
GANG LOITERING
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.
PUBLIC PLACE
The public way and any other location open to the public, whether
publicly or privately owned.