HomeMy Public PortalAboutOrdinance 03-8841
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ORDINANCE NO. 03 -884
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY ADDING SECTION 4706 TO THE MUNICIPAL
CODE RELATING TO THE LOITERING OF CRIMINAL STREET
GANGS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings: The City Council finds and determines that for some months past there has
been an influx in this City (and its environs and in adjoining cities) of street gangs and the criminal
activities connected therewith. That it is necessary and proper in order to protect the health, safety and
welfare of the residents of this City to impose appropriate regulations upon the street gangs that frequent
the areas of the City so as to reduce crime and put into effect some manageable regulations for such
gang conduct. The Council further finds that the excessive loitering of street gangs tends to intimidate the
citizenry by causing fear and a desire to be elsewhere. In addition the Council finds that merchants and
other local businesses are intimidated by the presence of such gangs and, as a result, are reluctant to
stay open during such times as the gangs are on the street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY:
Section 2. Section 4706, reading as follows, is hereby added to the Temple City Municipal Code:
"4706 Prohibition of Street Gang Activities
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 herein, under any
of the following circumstances:
1) with the intent to publicize a criminal street gang's dominance over certain territory in
order to intimidate non - members of the gang from entering, remaining in, or using the
public place or adjacent area; and /or,
2) with the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
For purposes of this Section, a 'public place' means the public way, street, sidewalk or any other
location open to the public, whether publicly or privately owned, including, but not limited to, any:
street, sidewalk, curb area, parkway, alley, park, playground, or other public ground or public
building including the access ways thereto, and any common area of a school, theater, apartment
house, office building or privately owned business to which the public is invited, including places of
amusement, entertainment, or eating establishment. Any public place also includes the front yard
area, driveway and walkway areas of any private property.
Nothing in this Section shall be construed in any way to limit the authority of a law enforcement
officer to make an investigation, detention or arrest as such officer would be permitted to make in
the absence of this Section.
Any parent(s), legal guardian(s) or other adult person(s) authorized by such 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 Section is guilty of a misdemeanor.
Violation of this Section shall be punishable by fine and /or imprisonment, as provided by law."
SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published according to law.
Ordinance No. 03 -884
Page 2
PASSED, APPROVED AND ADOPTED on this 15th day of April, 2003.
ATTEST:
City Clerk
I, City Clerk of the City of Temple City, do hereby certify that the foregoing ordinance, Ordinance No.
03 -884, was introduced at a regular meeting of the City Council of the City of Temple City held on the 1st day
of April, 2003, and was duly passed, approved, and adopted by said Council at a regular meeting of the City
Council held on the 15th day of April, 2003 by the following vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
al Yt
City Clerk U
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