HomeMy WebLinkAbout2004-10-12 - ORDINANCES - ADOT ORD ST GANG LOITERING (2)ORDINANCE NO. 04-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, RELATING TO LOITERING BY
CRIMINAL STREET GANGS AND ADDING CHAPTER 11.72 TO
THE SANTA CLARITA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA CLARUA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City 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 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, 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 finds and determines that having an enforceable ordinance targeted
at loitering by members of criminal street gangs is critical to preserving the public health, safety,
and welfare of all citizens in the City.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby find and ordain as follows:
SECTION 1. Chapter 11.72 is hereby added to the Santa Clarita Municipal Code to read
as follows:
CHAPTER 11.72 LOITERING BY CRIMINAL STREET GANGS
11.72.010 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 conjunction with, a member of a `criminal street gang"
to loiter or idle in a "public place" as defined in section 11.72.010B under any of
the following circumstances:
Ordinance No. 04-14
Page 2
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.
C. For purposes of this chapter, the term "loiter" shall mean to remain in any one
place with a harmful purpose such as those identified in subparagraphs 1) and 2)
of paragraph A. of Section 11.72.010.
11.72.020 Powers of Law Enforcement 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.
11.72.030 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.
11.72.040 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.
SECTION 2. Severability. If any provision or clause of this chapter or the application
thereof to any person or circumstance 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.
SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
Ordinance No. 04-14
Page 3
PASSED, APPROVED AND ADOPTED this 12"' day of October, 2004.
CITY CLERK
STATE OF CA.IJFORNIA
)
COUNTY OF LOS ANGELES
) ss.
CITY OF SANTA CLARITA
)
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 04-14 was regularl� introduced and placed upon its first reading at
a regular meeting of the City Council on the 28` day of September, 2004. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 12`s day
of October, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Weste, Smyth, Kellar
NOES: COUNCII.MEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 04-14, adopted by the City Council of the City of
Santa Clarita, CA on October 12, 2004, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this ___ day of
20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk