Ordinance No. 831 - Prohibiting Loitering by Criminal Street GangsORDINANCE NO. 831
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD PROHIBITING LOITERING
BY CRIMINAL STREET GANGS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
0 SECTION 1. New Chapter 9.28 is hereby added to the Rosemead Municipal Code to
read as follows:
CHAPTER 9.28 LOITERING BY CRIMINAL STREET GANGS
9.28.010 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
concern with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in
Section 9.28.010 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,
ip 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 , wether 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.
9.28.020 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
the absence of this chapter.
9.28.030 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.
9.28.040 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.
9.28.050 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 he severable.
• SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and cause the
same to processed in accordance with state law.
sr*►a•***r•r
PASSED, APPROVED and ADOPTED this 13th day of April, 2004.
Mayor
ATTEST:
I hereby certify that the foregoing Ordinance No.831
was duly and regularly adopted by the Rosemead
• City Council at a regular meeting held the 13th
day of April 2004, by the following vote:
e:
City Clerk Yes: Clark, Alarcon, Taylor
No: None; Absent: Imperial, Vasquez
Abstain:: None
City Cle k
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 831 being:
i'NN
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
PROHIBITING LOITERING BY CRIMINAL STREET GANGS
was duly adopted at a regular meeting of the City Council on the 13'h day of April, 2004, by the
following vote to wit:
YES: COUNCILMEMBERS ALARCON, CLARK, TAYLOR
NO: NONE
ABSENT: COUNCILMEMBERS IMPERIAL AND VASQUEZ
ABSTAIN: NONE
CITY CLERK
three years after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to produce great
bodily injury, as defined in section 245.
(2) Robbery, as defined in chapter 4 (commencing with section 211) of Title 8
of Part 1.
35ectio unlawful homicide or 8 manslaughter, as defined in chapter 1 (commencing
with of Part 1.
(4) The sale, possession for sale, transportation, manufacture, offer for
sale, or offer to manufacture controlled substances as defined in sections
11054, 11055, 11056, 11057, and 11058 of the Health and safety code.
(5) shooting at an inhabited dwelling or occupied motor vehicle, as defined
in section 2468g.
vehicle, ashdefined inpsubdivisionse(a)sandr(b)oofasection 12034,a motor
(7) Arson, as defined in chapter 1 (commencing with section 450) of Title 13.
(8) The intimidation of witnesses and victims, as defined in section 136.1.
rand theft, as defined in subdivision (a) or (c) of section 487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in section 459.
(12) Rape, as defined in section 261.
(13) Looting, as defined in section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in section 206.
Felony extortion, as defined in sections 518 and 520.
Felony vandalism, as defined in paragraph (1) of subdivision (b) of
Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in section
lzu/L.
(23) Possession of a pistols revolver, or other firearm capable of being
concealed upon the person in violation of paragraph (1) of subdivision (a) of
section 12101.
(24) Threats to commit crimes resulting in death or great bodily injury, as
defined in section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined in section
10851 of the Vehicle Code.
(f) As used in this chapter, "criminal street gang" means any ongoing
organization, association or group of three or more persons, whether formal or
informal, having as one o~ its primary activities the commission of one or more
of the criminal acts enumerated in paragraphs (1) to (25), inclusive, of
subdivision (e), having a common name or common identifying sign or symbol, and
whose members individually or collectively engage in or have engaged in a
pattern of criminal gang activity.
(g) Notwithstanding any other law the court may strike the additional
punishment for the enhancements provided in this section or refuse to impose the
minimum jail sentence for misdemeanors in an unusual case where the interests of
justice would best be served, if the court specifies on the record and enters
into the minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
(h) Notwithstanding any other provision of law, for each person committed to
the Youth Authority for a conviction pursuant to subdivision (a) or (b) of this
section, the offense shall be deemed one for which the state shall pay the rate
of percent of the per capita institutional cost of the Department of Youth
Aut ty, pursuant to section 912.5 of the welfare and institutions code.
(i) In order to secure a conviction, or sustain a juvenile petition, ursuant
to subdivision (a), it is not necessary for the prosecution to prove thapt the
person devotes all, or a substantial part of his or her time or efforts to the
criminal street gang, nor is it necessary to prove that the person is a member
of the criminal street gang. Active participation in the criminal street gang
is all that is required.
HISTORY:
Added stats 1989 ch 930 @ 5.1, operative January 1, 1993. Amended stats 1991
ch 201 @ 1, ch 661 @ 2, operative January 1, 1993; stats 1993 ch 601 @ 1 (sB
724), ch 610 @ 3 (AS 6), effective September 30, 1993, ch 611 @ 3 (SB 60),
effective September 30, 1993, ch 1125 @ 3 (AS 1630), effective October 10, 1993;
Stats 1994 ch 47 @ 1 (SB 480), effective April 19, 1994, operative until January
1, 1997, ch 451 @ 1 (AS 2470), operative until January 1, 1997; Stats 1995 ch
377 @ 2 (sB 1095), operative until January 1, 1997; Stats 1996 ch 630 @ 1 (sB
1701) operative until January 1, 1998, ch 873 @ 1 (SB 318), ch 982 @ 1 (AS
2035); stats 1997 ch 500 @ 2 (SB 940). Amendment adopted by voters, Prop 21 @ 4,
effective March 8, 2000. Amended Stats 2001 ch 854 @ 22 (SB 205).
No
FORMER SECTIONS:
Former @ 186.22, similar to present section, was added Stats 1988 ch 1242 @
heffective September 23 1988, ch 1256 @ 1, effective September 23, 1988, stats
89 ch 144 @ 1, ch 930 @ 5, Stats 1991 ch 661, and repealed, operative January
1, 1993, by its own terms.
AMENUMENIS:
1991 Amendment:
Added (1) the second sentence in subd (b)(1)i and (2) subds (9) and (h). (As
amended stats 1991 ch 661, compared to the section as it read prior to 1991.