HomeMy WebLinkAboutORD 1203ORD 1203 pT3 (Ìì å ÿ ORDINANCE NO. 1203
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, REVISING AND
AMENDING CHAPTER 130 OF THE BALDWIN PARK
MUNICIPAL CODE AS IT RELATES TO LOITERING BY
CRIMINAL STREET GANGS.
WHEREAS, the City Council, under its police power, has the authority to take
action where the potential exists for jeopardy to the public welfare, health and safety of
citizens;
WHEREAS, the City Council is concerned with the level of street gang violence,
street gang activity and street gang crime within the City limits, 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;
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;
WHEREAS, WHEREAS, loitering in public places by members of street gangs
creates a justifiable fear for the safety of persons and property in the area;
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 and intimidation by gang members;
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;
NOW THERFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES RESOVE AS FOLLOWS:
SECTION 1. The Baldwin Park Municipal Code requires the use of sections not
previously utilized in Chapter 130, Sections 07 through 11. Upon adaptation of this
ordinance, the language of the ordinance shall read as follows:
130.07 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 BPMC 130.07 B) under any of the
following circumstances:
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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 suing the public place or adjacent area; 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 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.
130.08 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.
130.09 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.
130.10 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.
130.11 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 is declared to be severable.
SECTION 2. The City Clerk shall certify to the passage of this ordinance and
shall have it published in accordance with the provisions of state law.
PASSED AND APPROVED on this 28th day of May.2003
MANUEL LOZANO
MAYOR
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, KATHLEEN R. SESSMAN, Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance was introduced at a regular meeting of the
City Council on the May 7, 2003 and thereafter was duly adopted by the City Council at
a regular meeting of the City Council May 28, 2003 by the following vote:
AYES:
COUNCILMEMBERS:
Marlen Garcia, David Olivas, Ricardo Pacheco,
Mayor Pro Tern Bill Van Cleave, and Mayor
ManuelLozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
A^-/^ t^on^a-
AdJL.
THLEEN R. SESSMAN
DEPUTY CITY CLERK
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