Ordinance - 2100ORDINANCE NO. 2100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REVISING AND AMENDING THE WEST
COVINA 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; and
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; 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 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; and
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; and
NOW, THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION 1. The West Covina Municipal Code requires the use of sections not
previously utilized in Chapter 15, Sections 116 through 119. Upon adaptation of this ordinance,
the language of the ordinance shall read as follows:
Sec. 15-116. 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 WCMC 15-116 (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, 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.
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Sec. 15-117. 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.
Sec. 15-118. 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.
Sec.15-119. 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.
See.15-120. 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.
APPROVED and ADOPTED this 15`h day of April, 2003.
ATTEST:
City Clerk Janet Berry
I, JANET BERRY, CITY CLERK of the City of West Covina do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the West Covina City Council on
April 1, 2003, and duly adopted by the City Council at the regularly scheduled meeting of April
15, 2003 by the following vote of the Council:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
ABSENT: None
City Clerk Janet Berry ,
APPROVED AS TO FORM:
City Attorney Arnold lvarez-Glasman