Loading...
HomeMy Public PortalAboutOrdinance 03-8841 1 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 1 1