HomeMy Public PortalAboutOrd. 1530Ordinance No. 1530
AN ORDINANCE OF THE CITY OF LYNWOOD ADDING
A NEW CHAPTER 3 -25 TO THE LYNWOOD MUNICIPAL CODE
RELATING TO LOITERING BY CRIMINAL STREET GANGS
WHEREAS, The City of Lynwood ( "City ") is a general -law City located in the
State of California; and
WHEREAS, The City under its police power, has the authority to take action
where the potential exists for jeopardy to the public welfare, health and safety of
its citizens; and
WHEREAS, The City is concerned with the level of street gang violence, street
gang activity and street gang crime in the incorporated area of the City, and has
determined that the establishment and enforcement of an ordinance prohibiting
loitering is an effective and necessary means to decrease crime, violence and
victimization; and
WHEREAS, There are approximately 12 active criminal street gangs and with
approximately 500 -700 members operating in the City; and
WHEREAS, The crimes being committed by criminal street gang members
include serious offenses such as murder by drive -by shootings, aggravated
assault, robberies, burglaries and drug - related crimes; and
WHEREAS, In 2002, there were several homicides in the City of Lynwood
believed to have been committed by members of criminal street gangs; and
WHEREAS, Loitering in public places by members of street gangs creates a
justifiable fear for the safety of persons and property in the area; and
WHEREAS, Members of criminal street gangs establish control over identifiable
areas of the community by loitering in those areas and intimidating others from
entering. Residents of the community are afraid to leave their homes or to call
the police to report the presence of and intimidation by gang members; and
WHEREAS, The City Council finds and determines that having an enforceable
ordinance targeted at loitering by members of criminal street gangs and those in
company with members of criminal street gangs is critical to preserving the public
health, safety and welfare of all citizens in the City; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 3 -25 is hereby added to the Lynwood Municipal Code, to read
as follows:
3 -25 Loitering By Criminal Street Gangs
3 -25.1 Prohibited Acts.
A. 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 in Section B 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;
(2) With the intent to conceal ongoing commerce in illegal drugs or
other unlawful activity.
B. For purposes of this chapter, a "public place" means the public
way and any other location open to the public, whether publicly or privately
owned, including, but not limited to any street, sidewalk, avenue, highway, road,
curb area, alley, park, playground or other public ground or public building, any
common area of a school, hospital, apartment house, office building, transport
facility, shop, privately owned place of business, to which the public is invited,
including any place of amusement, entertainment, or eating place. Any "public
place" also includes the front yard area, driveway and walkway of any private
residence, business, or apartment house.
3 -25.2 Powers of Law Enforcement Officers Not Limited. Nothing in
this chapter shall be construed in any way to limit the power or right of a law
enforcement officer to make any investigation, detention or arrest as such law
enforcement officer would be permitted to make in absence of this chapter.
3 -25.3 Parental Control. Any parent(s), legal guardian(s), or other adult
person(s) authorized by said 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 chapter is guilty of a misdemeanor.
3 -25.3 Penalty. Violation of this chapter shall be punishable by a
fine not to exceed $500 or by imprisonment not to exceed six months, or both.
3 -25.4 Severability. If any provision or clause of this chapter or the
application thereof to any person or circumstances is held invalid, such invalidity
shall not affect any other provision or application of this chapter which can be
given effect without the invalid provision or application, and to this end of
provisions of this chapter are declared to be severable.
First read at-a regular meeting of the City Council held on the 18th
day of March 2003 and adopted and ordered published at a regular meeting of
said Council held on the 1St day of April 2003.
PASSED, APPROVED AND ADOPTED on the 1St day of April 2003.
ATTEST:
ANDREA L. HOOPER, C ty Clerk
City of Lynwood
APPROVED AS TO FORM:
FERNANDO �Pr:Pn7A yor
City of Lynwood
APPROVED AS TO CONTENT:
Avo&q'--�
L RY HCWPE, Interim City Manager
City of Lynwood
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing Ordinance was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the 1St day of April 2003.
AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND
PEDROZA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
}
} ss.
Andrea L. Hooper, City Clerk
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correction copy of Ordinance No. 1530 on file in my office and
that said Ordinance was adopted on the date and by the vote therein stated.
dated this 1St day of April , 2003.
9'A' /' qs�_
Andrea L. Hooper, City Clerk