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Home My WebLink About2004-09-07 - AGENDA REPORTS - ANTI GANG LOITERING ORD (2)CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: a Ke and Zit V FROM: enneth ulskam , C' y nager DATE: September 71 2004 SUBJECT: ANTI -GANG LOITERING ORDINANCE RECOMMENDED ACTION City Council provide direction on the County's Anti -Gang Loitering Ordinance. BACKGROUND It has been determined that the establishment and enforcement of an ordinance prohibiting loitering is an effective and necessary means to decrease crime, violence, and victimization. This ordinance addresses loitering, and in effect, street gang violence, street gang activity, and street gang crime. Loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and property in the area. The County of Los Angeles unanimously adopted the ordinance prohibiting loitering by gang members. The ordinance, if recommended for adoption by the City Council, would be revised for its constitutionality and compliance with the recent United States Supreme Court's ruling in City of Chicago v. Morales. ALTERNATIVE ACTION Direction as determined by the City Council. FISCAL IMPACT None ATTACHMENTS Los Angeles County Ordinance No. 99-0072, Title 13 — Public Peace, Morals and Welfare of the Los Angeles County Code Agenda Item: Z, BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 383 KENNETH HAHN HALL OF ADMINISTRATION /LOS ANGELES. CALIFORNIA 9W 12 VIOLET VARONA-LUKENS, EXECUTIVE OFFICER (213)974-1411 INDIVIDUAL LETTERS TO COUNCIL. anuary 9, 2003 COMES TO: CITY MANAGER, CITY GLR The Honorable Marsha McLean Councilwoman City of Santa Clarita 23920 West Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Dear Councilwoman McLean: MEMBERS Of THE BOARD GLORIA MOLINA YVONNE BRATHWAITE BURKE 2EV YAROSLAVSKY DON KNABE MICHAEL D. ANTONOVICH Los Angeles County has a Countywide anti -gang ordinance, prohibiting gang members from loitering with the intent to intimidate neighborhoods or conceal illegal activities. While this ordinance is enforceable in County unincorporated areas, it is not enforceable in incorporated cities if the city has not adopted a similar ordinance. On recommendation of Supervisor Michael D. Antonovich, we encourage the cities that have not already adopted an anti -gang loitering ordinance to adopt this vital ordinance. Currently, cities which do ban such activities do so through cumbersome and time consuming injunctions against specific gangs and specific gang members. Approval of this ordinance in the incorporated cities would eliminate the need to prepare injunctions every time the city wished to curtail criminal street gangs. January 9, 2003 Page 2 To prevent the rise of gang crime throughout Los Angeles County, we respectfully request if you have not already adopted an anti -gang ordinance, to consider adopting the County's enclosed anti -gang ordinance. Very truly yours, YVONNE BRATHWAITE BURKE CHAIR SUPERVISOR, 2ND DISTRICT ORIA MOLINA 4UPE V YAF VISOR, ST DISTRICT UPERV Y� DON KNABE I HA I SUPERVISOR, 4TH DISTRICT ER 8010703-66 Enclosure TRICT JTUNOVICH 5TH DISTRICT ANALYSIS This ordinance adds Chapter 13.44 to Title 13 of the Los Angeles County Code in response to the decision of the United States Supreme Court in City of Chicaoo v. Morales which found a local ordinance targeting loitering by members of criminal street gangs to be unconstitutionally vague. This ordinance establishes a public offense for a person who is a member of a criminal street gang or a person who is with a member of the criminal street gang to loiter or idle in any public place with the intent to publicize the gang's dominance over a public place or to conceal criminal activity. The ordinance also establishes a public offense for parents or guardians who knowingly allow minors under their control to violate the ordinance. LLOYD W. PELLMAN County Counsel /C By GORDON W.IRASK Principal Deputy County Counsel Special Services Division GWT:jb 7/9/99 ORDINANCE NO. 99-0072 An ordinance amending Title 13 - Public Peace, Morals and Welfare of the Los Angeles County Code relating to loitering by criminal street gangs. The Board of Supervisors of the County of Los Angeles ordains as follmrs: SECTION 1. Legislative Findings. A. The County, 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; B. The County is concerned with the level of street gang violence, street gang activity and street gang crime in the unincorporated areas of the County, 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; C. There are approximately 300 criminal street gangs with approximately 65,000 members operating in the unincorporated areas of Los Angeles County; D. 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; E. In 1998, there were 68 homicides in the unincorporated areas of Los Angeles County believed to have been committed by members of criminal street gangs; F. Loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and property in the area; G. 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; H. The County 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 County; SECTION 2. Chapter 13.44 is added to read as follows: Chapter 13.44 LOITERING BY CRIMINAL STREET GANGS 13.44.010 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 concert with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in Section 13.44.010B under any of the following circumstances: (1) With the intent to publicize a criminal street gang's 2 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. 13.44.020 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 absence of this chapter. 13.44.030 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. 3 13.44.040 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. 13.44.050 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 be severable. [Anti GangGTCOC] 4 Section 3 . This ordinance shall be published in Metropolitan News Enterprise newspaper printed and published in the County of Los Angeles. ATTEST: 0. LOS 4 ♦ }tt��i { I ♦ Chair • �UiORN�P , C)6a� ecutive Officer - Clefk of the Board of Supervisors of the County of Los Angeles I hereby certify that at its meeting of July 27, 1999 , the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit: Ayes Noes Supervisors Gloria Molina Supervisors None Yvonne Brathwaite Burke ;`,' 'Zev Yaroslaysky Y Michael D. Antonovich 01 Don Knabe Effective Date: August 26, 1999 QPQ;2%6"Q rlatQ: _ T hereby certify ection 25103 of that pursuant to the Government Code, 2i F� A�I O.r-e-a cutive Officer - Clerk dVthe Board of Supervisors of the County of Los Angeles :e'_ivery of this document has been made APPROVED AS TO FORM: JOANNE STURGES II()Yn W-• I IhAAN Executive Officer - Clerk of the Board of Supervisors By B DEPUTY y FVI-SS22 (Re. aW) ORDCERTFORM40 Chief Deputy County Counsel