ORD 396 ORDINANCE NO. 396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADDING CHAPTER 9.14 OF TITLE 9 (PUBLIC PEACE,
MORALS AND WELFARE) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO LOITERING BY CRIMINAL STREET
GANGS.
WHEREAS, the City of Rancho Palos Verdes 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 Council of the City of Rancho Palos Verdes is concerned
with the potential for 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, 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, 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 a community by loitering in those areas and intimidating others from entering;
and,
WHEREAS, the City Council of the City of Rancho Palos Verdes 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.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the addition of a
new Chapter 9.14 of Title 9 of the Municipal Code.
Section 2: The City Council finds that the amendments to Title 9 of the
Municipal Code are necessary to preserve the public health, safety, and general welfare
in the area.
Section 3: Chapter 9.14 (Loitering by Criminal Street Gangs) of Title 9 (Public
Peace, Morals and Welfare) of the Municipal Code is hereby added to read as follows:
Chapter 9.14 LOITERING BY CRIMINAL STREET GANGS
9.14.010 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 this section 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.
9.14.020 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.
9.14.030 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.
9.14.040 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.
Ordinance No. 396
Page 2 of 3
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9.14.050 Severabi l ity.
If any section, subsection, sentence, clause, or phrase of this chapter or the
application thereof to any person or circumstances is held invalid, such decision
shall not affect the validity of the remaining portions of this chapter or application of
this chapter which can be given effect without the invalid section, subsection,
sentence, clause, or phrase, and to this end the provisions of this chapter are
declared severable.
Section 4: The City Clerk shall certify to the adoption of this ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED '- 5th day of A ugust 2003.
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Mayor
Attest:
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ICity Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 396 passed first reading on July 15, 2003, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on August 5,
2003 and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Gardiner, McTaggart and Mayor Pro Tem Ferraro
NOES: None
ABSENT: Mayor Stern
ABSTAIN: None /7)
v / f A /,, E_____
silty Clerk
Ordinance No. 396
Page 3 of 3
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RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 6, 2003, she caused to be posted the following document
entitled:
Ordinance No. 396 -AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
PROHIBITING GANG MEMBERS FROM LOITERING WITH THE INTENT TO
INTIMIDATE NEIGHBORHOODS AND CONCEAL ILLEGAL ACTIVITY AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE, a copy of which is attached hereto,
in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
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City Clerk
W:\Ordinances\affidavits\Ordinance 396-Anti-Gang Ordinance.doc