City of Paterson, NJ: Violations and penalties.

[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.

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;

Order all such persons to disperse and remove themselves from the designated area at which the order was issued;

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.

§ 315-2 Designation of areas; protection of rights.

The Police Director shall, by written directive, designate areas of the City in which the Police Director has determined that enforcement of this article is necessary because criminal gang loitering has enabled criminal street gangs to establish control over identifiable areas in order to intimidate others from entering those areas or to conceal illegal activities in detriment to the public good and safety. Prior to making a determination under this subsection, the Police Director shall consult, as he/she deems appropriate, with persons who are knowledgeable about the effects of gang activity in areas in which this article may be enforced. Such persons may include, but need not be limited to, members of the City of Paterson Police Department with special training and/or experience related to criminal street gangs, elected and appointed officials of the areas, community-based organizations, and members of the CPAC community groups. The Police Director shall develop and implement procedures for the periodic review and update of designations made under this subsection.

The Police Director shall, by written directive, promulgate policy and procedures to prevent the enforcement of this section against persons who are engaged in collective advocacy activities that are protected by the Constitution of the United States or the State of New Jersey.

§ 315-3 Definitions.

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.

PATTERN OF CRIMINAL GANG ACTIVITY

Two or more acts of criminal gang activities of which at least two such acts were committed within five years of each other.

PUBLIC PLACE

The public way and any other location open to the public, whether publicly or privately owned.

§ 315-4 Violations and penalties.

Any person violating any provision of this article shall, upon conviction, be subject to a maximum penalty for such violation of one or more of the following:

(1)

A fine not exceeding $1,250.

(2)

Imprisonment in the county jail for a period not exceeding 90 days; and

(3)

A period of community service not exceeding 90 days.

Any person convicted of a subsequent violation of this article within a one-year period shall be fined an additional amount as a repeat offender. The additional fine shall not exceed $1,250 and shall be in addition to, and calculated separately from, the fine imposed for the violation of the article.

Any person in default of the payment of any fine imposed may be imprisoned in the county jail for a term not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.