[HISTORY: Adopted by the City Council of the City of Crystal Lake 12-5-1995 by Ord. No. 3859 (Art. V, Ch. III, Section S, of the 1993 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- STREET GANG, GANG, ORGANIZED GANG or CRIMINAL GANG
- Any combination, confederation, alliance, network, conspiracy, understanding or other similar conjoining in law or in fact of three or more persons with an established hierarchy that through its membership or through the agency of any member engages in a course or pattern of activity in violation of the criminal statutes of the State of Illinois or the ordinances of the City of Crystal Lake. For purposes of this chapter, it shall not be necessary to show that a said conspiracy, combination or conjoining of persons possesses, acknowledges or is known for any known name, insignia, flag, means of recognition, secret, signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age or other qualifications, initiation rights, geographical or territorial situs or boundary or location or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy's existence in law or in fact can be demonstrated by a preponderance of other competent evidence.
- STREET GANG MEMBER or GANG MEMBER
- Any person who actually and in fact belongs to a gang and any person who knowingly acts in the capacity of an agent for or accessory to or is legally accountable for or voluntarily associates himself/herself with a course or pattern of gang-related activity in violation of the criminal statutes of the State of Illinois or the ordinances of the City of Crystal Lake whether in a preparatory, executory or cover-up phase of any activity or who knowingly performs or aids or abets any such activity.
- STREET-GANG-RELATED ACTIVITY or GANG-RELATED ACTIVITY
- Any activity in violation of the criminal statutes of the State of Illinois or the ordinances of the City of Crystal Lake to further the goals and objectives of any gang by any person or persons:
- A. With the intent to increase the gang's size, membership, prestige, dominance or control in any geographical area of the City of Crystal Lake; or
- B. With the intent to provide the gang with any advantage in or any control or dominance over any criminal market sector including, but not limited to, the manufacture, delivery or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards, traffic in prostitution, obscenity or pornography; or that involves robbery, burglary or theft; or the delivery or sale of any dangerous or deadly weapon; or
- C. With the intent to exact revenge, retribution or intimidation for the gang or any member of the gang by means of intentionally or knowingly and without legal justification causing or threatening bodily harm to an individual or makes or threatens physical contact of an insulting or provoking nature with an individual; or
- D. With the intent to obstruct justice or intimidate or eliminate any witness against the gang or any member of the gang; or
- E. With the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence or membership; or
- F. With intent to influence the reputation of the gang or its members by the placement of graffiti upon any public or private curb stone, flagstone, brick, sidewalk or any portion of any part of any sidewalk or any street or upon any tree, lamppost, telephone pole, utility box, utility pole, stanchion, postal mail receptacle, newspaper box, fire hydrant, fence, door, wall, window, garage or enclosure, vehicle, bridge, pier or upon any other public or private structure or building; or
- G. With intent to further the goals and objectives of the gang by knowingly using, displaying or wearing known gang colors, emblems or other gang insignia or to make any act, utterance, gesture or display with the intent to communicate membership with, affiliation with, association with, support of, identification with any known street gang.
- Any permanent display or any gang name, identification, letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof which without authorization is marked, written, drawn, painted, scratched, inscribed or otherwise affixed to any of the objects or structures in the definition of "street-gang-related activity or gang-related activity."
No street gang member or gang member shall engage in any street-gang-related or gang-related conduct within the City of Crystal Lake.
[Amended 3-3-2009 by Ord. No. 6448]
Any person convicted of a violation of any section of this chapter:
Shall be fined as set forth in Chapter 248, Fines, for each offense. Each day that a violation continues shall be considered a separate offense.
Shall be responsible to reimburse the City for all costs for prosecution.
Shall make restitution for any damages to public or private property and for injuries or damages to any person or individual caused by the street-gang-related or gang-related activity.