Sponsor
Alderman Maack
Title
ORDINANCE NO. 2-06 RELATING TO OFFENSES - GANG LOITERING
Body
To create Section 66-114 of the Municipal Code of the City of Racine, Wisconsin relating to Offenses - Gang loitering.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Section 66-114 of the Municipal Code of the City of Racine is hereby created to read as follows:
"Sec. 66-114. Gang loitering.
(a) Whenever a police officer observes a criminal gang member engaged in gang loitering with one or more other persons in any public place designated for the enforcement of this section under subsection (b), the police officer shall, subject to all applicable procedures promulgated by the chief of police:
(1) inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal gang members is prohibited;
(2) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and
(3) inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering within sight or hearing of the place at which the order was issued during the next three hours.
(b) The chief of police shall by written directive designate areas of the city in which the chief has determined that enforcement of this section is necessary because gang loitering has enabled criminal gangs to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. The location of these areas shall be made public by publication in the local media and by announcement on a local public access television channel. Prior to making a determination under this subsection, the chief shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of gang activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the police department with special training or experience related to criminal gangs; other personnel of that department with particular knowledge of gang activities in the proposed designated area; elected and appointed officials of the area; and community-based organizations. The chief shall develop and implement procedures for the periodic review and update of designations made under this subsection.
(c) The chief shall by written directive promulgate procedures to prevent the enforcement of this section against persons who are engaged in collective advocacy activities that are protected by the Constitution of the United States or the State of Wisconsin.
(d) As used in this section:
(1) Gang loitering means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable a criminal gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities.
(2) Criminal gang has the meaning as set forth in Wis. Stat. § 939.22 (9).
(3) Criminal gang activity has the meaning as set forth in Wis. Stat. § 941.38 (1)(b).
(4) Criminal gang member has the meaning set forth in Wis. Stat. § 939.22(9g).
(5) Pattern of criminal gang activity means two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other.
(6) Public place means the public way and any other location open to the public, whether publicly or privately owned.
(e) Any person who fails to obey promptly an order issued under subsection (a), or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the three-hour period following the time the order was issued, is subject to a fine of not less than $100.00 and not more than $500.00 for each offense."
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council _________________________________
Approved _________________________________
__________________________________
Mayor
Attest:
_______________________________
City Clerk
Fiscal Note
Fiscal Note: N/A