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Longmont, Colorado

Chapter 11.08. Cruising Prohibited
11.08.010. Findings and Legislative Intent.

The Longmont city council finds:

Unnecessary repetitive driving of motor vehicles, known as "cruising" has directly resulted in crime, public safety and disorder problems, as summarized below, in the following listed areas of the city:

100--2400 blocks of Main Street;

900--1200 blocks of Lashley Street;

300--400 blocks of Kimbark Street;

300--400 blocks of Coffman Street;

900--1200 blocks of South Pratt Parkway;

600 block of Collyer Street;

600 block of Atwood Street;

200 block of Longs Peak Avenue; and

200 block of 6th Avenue.

To a large extent, those who "cruise" in Longmont are from other parts of Colorado and neighboring states. It is common for officers to contact people from Laramie, Cheyenne, Fort Collins, Loveland, Greeley, Westminster, the Denver Metro area, and unincorporated Boulder and Weld Counties. Officers addressing citizen "cruising" concerns in two areas of our community recently noted that the majority of cars were from Greeley and many of those were rival gang members.

In addition to Main Street over the last few years, "cruising" and its residual effects have also impacted several residential areas, including, but not limited to, Kanemoto Park, Collyer Park, and Centennial Park, all requiring commitment of significant police resources.

With "cruising" have come countless public safety, crime and disorder related issues the police department has been forced to deal with, including vandalism, assaults, gang activity, menacing, ethnic intimidation, harassment, trespass, traffic accidents, public alcohol consumption, unreasonably loud noise, disorderly conduct, and littering.

The police department and several other city departments have tried numerous approaches and tactics to reduce or, eradicate the problems associated with "cruising." Since the late 1980's the police department has spent large sums of overtime funds placing extra-duty officers along the Main Street corridor and around city parks taking a zero-tolerance approach to the "cruisers", and the problems which they create. This tactic has proven unsuccessful, as "cruising" problems have remained at the same level or have increased.

"Cruising" tends to increase the risk of motor vehicle accidents, pedestrian accidents and moving traffic Code violations.

Motorist frustration associated with "cruising" has resulted in some violent episodes, commonly called "road rage."

Congregated "cruisers" have been involved in felony menacing and assaults with such weapons as a baseball bat. Competing groups of "cruisers" have exchanged ethnic and racial slurs, in attempts to intimidate or to provoke physical altercations, producing confrontations approaching mob violence.

For the reasons stated above, and to promote and preserve public health, safety and welfare of Longmont citizens and the traveling public, it is necessary to adopt the ordinance from which this chapter is derived.

In addition to the specific areas this chapter designates, it is necessary to permit city officials, according to prescribed standards and procedures, to designate additional areas where the regulations of this chapter will apply, because enforcement in areas this chapter designates may cause "cruising" activity to move to areas this chapter does not designate, thereby frustrating effective enforcement and undermining the public health, safety and welfare purposes the council intends to serve with this chapter.

By this chapter, the city council intends to address the public safety, crime and disorder problems described above, which have been associated with "cruising." It is the intent of this chapter to authorize enforcement of this chapter at such times as the police department can document the existence of some or all of those problems associated with "cruising."

(Code 1993, § 11.08.010; Ord. No. O-2006-47, § 1; Ord. No. O-2008-06, § 2)

Chapter 11.08. Cruising Prohibited
11.08.020. Definitions

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

Cruising means operating a motor vehicle, or as owner of a motor vehicle permitting its operation, on a street past a traffic control point, as designated by the Police Department, more than three times in the same direction within any three-hour period.

No-cruising zone means:

1. The following specific areas, when clearly marked with permanent, fixed signs according to this chapter:

100--2400 blocks of Main Street;

900--1200 blocks of Lashley Street;

300--400 blocks of Kimbark Street;

300--400 blocks of Coffman Street;

900--1200 blocks of South Pratt Parkway;

600 block of Collyer Street;

600 block of Atwood Street;

200 block of Longs Peak Avenue;

200 block of 6th Avenue; and

Any additional area designated and marked with signs as a temporary no-cruising area, according to this chapter. All signs under this chapter shall conform to the requirements for traffic control devices under § 105 of the Model Traffic Code, as adopted and locally amended at chapter 11.04 of this Code, shall be sufficiently legible to be seen by an ordinarily observant person, and shall advise the public that the area is subject to regulation under the City of Longmont Cruising Ordinance.

"Owner" means any person who is the owner of a motor vehicle or has custody thereof, and who is riding in the motor vehicle at the time of its operation.0b2;"Traffic control point" means a clearly identified reference point in a no-cruising zone, as determined from time-to-time by the Police Department, for monitoring violations of law.

(Code 1993, § 11.08.020; Ord. No. O-2006-47, § 1; Ord. No. O-2008-06, § 2)

Chapter 11.08. Cruising Prohibited
11.08.030. Temporary No-Cruising Zones.

A. A Longmont police officer of the rank of sergeant or higher may authorize a temporary no-cruising zone by creating a dated and signed written plan describing:

A brief statement outlining all problems supporting the date, time and location of the temporary no-cruising zone and explaining how the public health, safety and welfare concerns listed earlier in this chapter also require temporary prohibition of cruising in the temporary no-cruising zone;

The date, time, location and duration of the temporary no-cruising zone;

The location of the warning signs; and

Any instructions given to the enforcement officers concerning the temporary no-cruising zone.

B. Within 24 hours after creating a temporary no-cruising zone plan under this section, the authorizing officer shall file the plan with the city clerk, who shall forward copies of each such plan to the city council, city manager, city attorney and police chief. No plan for a temporary no-cruising zone shall authorize maintenance or enforcement of a temporary no-cruising zone for more than 14 consecutive days. No subsequent plan for a temporary no-cruising zone shall authorize maintenance or enforcement of a temporary no-cruising zone covering substantially the same area more than twice in a three-month period. If the police department finds that conditions warrant no-cruising restrictions beyond these limitations, it shall present the council with a written and supported recommendation for amendment of this chapter to add additional specific no-cruising zones.

(Code 1993, § 11.08.030; Ord. No. O-2006-47, § 1; Ord. No. O-2008-06, § 2)

Chapter 11.08. Cruising Prohibited
11.08.040. Cruising Prohibited, Conditions on Police Enforcement.

A. No person shall engage in cruising in any no-cruising zone.

B. Before the Longmont police department charges any person with violating this prohibition, a Longmont police officer of the rank of sergeant or higher must either authorize a temporary no-cruising zone plan under the preceding section, or make a written, dated record of the need for enforcement in a no-cruising zone specifically designated in this chapter, as follows:

1. The date, time, location and duration of enforcement;

2. A brief statement outlining all problems supporting the date, time and location and explaining how the public health, safety and welfare concerns listed earlier in this chapter require enforcement of the "cruising" prohibition at that time and location; and

3. Any instructions given to officers concerning enforcement.

C. Within 24 hours after making the enforcement record under this section, the authorizing officer shall file the record with the city clerk, who shall forward copies of each such record to the city council, city manager, city attorney and police chief. No enforcement record shall authorize enforcement for more than 24 hours, but subsequent enforcement records may cover substantially the same area.

(Code 1993, § 11.08.040; Ord. No. O-2006-47, § 1; Ord. No. O-2008-06, § 2)

Chapter 11.08. Cruising Prohibited
11.08.050. Exceptions.

It shall be an affirmative defense to prosecution under section 11.08.040 that the defendant operated the subject vehicle in the following circumstances:

An authorized emergency vehicle operated for emergency purposes;

A vehicle owned or operated by the city, when operated for official purposes;

A taxi cab, bus, or other legally authorized vehicle for hire, operated for business purposes; or

Any vehicle:

To conduct legitimate business activities;

In an emergency situation involving the health or safety of the operator or others in the vehicle; or

While the operator or passengers in the vehicle were traveling directly to or from a religious service.

(Code 1993, § 11.08.050; Ord. No. O-2006-47, § 1; Ord. No. O-2008-06, § 2)

Chapter 11.08. Cruising Prohibited
11.08.060. Penalty.

A. A violation of section 11.08.040 is a non-criminal traffic infraction, punishable according to section 11.06.020 of this Code and the following mandatory minimum fines, which the Municipal Judge shall not suspend or reduce. Each successive trip past a traffic-control point after a violation has occurred shall constitute a separate violation.

B. Minimum fines: For violations of section 11.08.040, the Municipal Judge shall impose the minimum fines listed below:

First offense—Fine of at least $125.00.

Second offense—Fine of at least $250.00.

Third and subsequent offenses—Fine of at least $350.00.

(Code 1993, § 11.08.060; Ord. No. O-2006-47, § 1; Ord. No. O-2008-06, § 2)

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Aurora, Illinois

Article I. In General
Sec. 29-15. Temporary Questioning Without Arrest.

(a) A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the person is wearing known gang colors, emblems or other gang insignia, or appears to be engaged in communicating gang-related messages through the use of hand signals or other means of communication, or as otherwise provided by law, and the officer reasonably infers from the circumstances that the person is committing, is about to commit, or has committed any offense set forth in this Code. Once stopped, the officer may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped.

(b) When a peace officer has stopped a person for temporary questioning pursuant to subsection (a) and the officer reasonably suspects that he or another officer is in danger of attack, he may search the person for weapons. If an officer discovers a weapon, he may take it until the completion of the questioning, at which time he shall return the weapon, if lawfully possessed, or arrest the person so questioned.

(Ord. No. 090-61, § 1, 6-12-90)

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Whiting, Indiana

Article IX. Street Gang Activity*
Sec. 12-235. Persons Responsible for Unlawful Activities on Their Premises.

It shall be unlawful for any persons who are the owners or occupants of any premises to allow, initiate or maintain any gathering on that premises in which tenants, invitees, visitors or trespassers engage in any unlawful activity. Unlawful activity shall include but not be limited to, violations of any sections of this article.

(Ord. No. CC-2003-1654, § 5, 12-2-03)

Article IX. Street Gang Activity*
Sec. 12-236. Telecommunications Devices.

 (a) Unlawful transfer of telecommunications device to a minor: A person commits the unlawful transfer of a telecommunication device to a person under 18 years of age when he gives, sells or otherwise transfers possession of a telecommunications device to a person under 18 years of age with the intent that the device be used for unlawful purposes or as a means of communication between gang and gang member.

(b) Seizure: Any telecommunications device possessed by a person under 18 years of age, which is used in the commission of an unlawful act, or which is used as a means of communication between gangs and gang members, or which constitutes evidence of the commission of such offenses, may be seized by police officers.

(Ord. No. CC-2003-1654, § 6, 12-2-03)

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Omaha, Nebraska

Sec. 25-8. Gang Involved Crime Statistics.

It is hereby declared the policy of the city that certain types of crime statistics called "Gang Involved Crime Statistics," shall be developed by the Police Department of the City of Omaha and are public records and shall be released, in printed form, to the city council, the mayor and the general public as provided below:

(a) Definitions:

Gangs: are defined, for the purpose of this section, to mean individuals, in groups of three or more, who congregate and band together for violent or other criminal activity. A gang may have:

A group name or identifying symbol;

A specific territory or area over which they claim control,

Distinctive dress or colors of dress and communicate through graffiti and handsigns among other means.

Further, gang members may be identified by, but not limited to, the following:

Self proclamation;

Association with known or other suspected gang members;

Witness testimony or official statements;

Written or electronic correspondence;

Paraphernalia or photographs;

Distinctive tattoos;

Any other indicia of gang membership.

Gang involved crime statistics: are defined, for the purpose of this section, to mean information generally meeting, the same test criteria applied to the "Crime in the United States Report, Uniform Crime Report, Part 1" commonly referred to as "UCR" data (including all the information or data regarding gang-related crime statistics based on criminal activity including that believed to be such before formal charges are filed and is specifically not just post-conviction or plea based information and specifically includes the data collected for purpose of applying for grants or other outside funding); and shall specifically also include both gang related and gang motivated crimes, violent and otherwise. For the purpose of this section, a gang involved crime includes gang motivated or gang related activities. A gang involved crime shall include circumstances where a gang member or suspected member is involved as a crime suspect, crime victim or any associated involvement with felony or misdemeanor crime or activity.

Categories of gang statistics: Categories of gang involved (motivated or related) crime statistics to be developed and released, are to be in the aggregate, by category, and shall not disclose personal identifying information such as name, address, license, i.d. or phone numbers or other such personal data. Categories shall include, but not be limited to:

Homicide

Felony assault, drive-by shooting

Felony criminal mischief - Drive-by destruction of property

Felony assault, all others

Robbery

Sexual assault

Burglary

Motor vehicle theft

Drug possession or trafficking

Graffiti or defacing of property

Intimidation of witnesses,

and the following statistical gang membership information:

Suspected gang members (total)

Suspected number of gangs

(b) The regular crime statistics gathered by the police department entitled "Crime in the United States Report, Uniform Crime Report Part 1" (also sometimes called "UCR") shall be released to the city council, the mayor and the general public semi-annually (March, September), within seven days of when they are forwarded to the Nebraska Crime Commission.

(c) The gang-related crime statistics, herein defined, shall be compiled by the police department and released on an annual basis, initially on December 15, 1997 for the reporting period of January to June of 1997, and thereafter within seven days of when the year-end UCR statistics are forwarded to the Nebraska Crime Commission in March of each year, or in whatever month said UCR statistics are routinely released to the Nebraska Crime Commission.

(d) This section further requires the police department to establish a set of standards for the purpose of gathering the gang statistics, as defined in this section, that are to be reviewed by the mayor and city council to coincide with the release of the March statistics.
Nothing herein shall be construed to prevent or hinder the police from gathering other types of information about gang members or gang activities.

(Ord. No. 34364, § 1, 11-18-97)

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PORTLAND, OREGON

Title 14 PUBLIC PEACE, SAFETY AND MORALS

Chapter 14.08 ENFORCEMENT

14.08.270. Appeal of Designation As a Gang Affiliate

(Added by Ord. No. 168730, Apr. 26, 1995.)

A. Any person who if to be designated as a gang affiliate by the Police Bureau following the administrative hearing provided for in Police Bureau General Orders, or who has unsuccessfully challenged a gang affiliate designation at such a hearing, has a right of appeal to the Code Hearings Officer.

B. The appeal authorized by this section shall be conducted in accordance with the procedures and under the conditions set forth in Chapter 22.10 of this Code.

Title 14 PUBLIC PEACE, SAFETY AND MORALS

Chapter 14.28 MINORS

14.28.040 Tattooing

It is unlawful for any person to tattoo a minor under the age of 18 years or to assist or permit such tattooing.

Title 14 PUBLIC PEACE, SAFETY AND MORALS

Chapter 14.28 MINORS 

14.28.070. Harboring a Runaway Child

It is unlawful for any person knowingly to harbor a runaway child. As used in this Section:

A. "To harbor" means to provide lodging, whether or not for compensation, without first notifying the Bureau of Police; and

B. "Knowingly" means with actual knowledge or under circumstances that would lead a person of common intelligence to believe that the child was a runaway; and

C. "Runaway child" means an unmarried child under 18 years of age who, without consent of the parent or other person having legal custody of that child, leaves and stays away from the home or other dwelling place provided for the child by that person.

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SEATTLE, WASHINGTON

Municipal Code of the City of Seattle, Washington 

SMC 12A.16.020. Hindering law enforcement  

A. As used in this section, "detention facility" means any place used for the confinement of a person: 

1. Arrested for, charge with or convicted of a crime; 

2. Charged with being or adjudicated to be a juvenile offender, as defined in RCW 13.40.020; 

3. Held for extradition or as a material witness; 

4. Otherwise confined pursuant to an order of a court, except an order under RCW Chapter 13.34 or RCW Chapter 13.32A; or 

5. In any work release, furlough or other such facility or program. 

B. As used in this section "relative" means a person who: 

1. Is related as husband, wife, brother, sister, parent, grandparent, child, grandchild, stepchild or stepparent to the person of whom the actor intends to prevent, hinder or delay the apprehension or prosecution; and 

2. Does not hinder law enforcement in one (1) or more of the means defined in subsections C4, 5 or 6 of this section. 

C. A person is guilty of hindering law enforcement if with, intent to prevent, hinder or delay the apprehension or prosecution of another person who he or she knows has committed a crime or juvenile offense, is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he or she: 

1. Harbors or conceals such person; or 

2. Warns such person of impending discovery or of apprehension; or 

3. Provides such person with money, transportation, disguise or other means of avoiding discovery or apprehension; or 

4. Prevents or obstructs, by use of force or threat, a private person from performing an act that might aid in the discovery or apprehension of such person; or 

5. Conceals, alters or destroys any physical evidence that might aid in the discovery or apprehension of such person; or 

6. Provide such person with a weapon. D. Except as provided by subsection E of this section, hindering law enforcement is a gross misdemeanor. 

E. Hindering law enforcement is a misdemeanor if: 

1. The person of whom the actor intends to prevent, hinder or delay the apprehension or prosecution has committed or is being sought for a class B felony, a class C felony, an equivalent juvenile offense or violation of parole, probation or community supervision and it is established by a preponderance of the evidence that the actor is a relative; or 

2. The person of whom the actor intends to prevent, hinder or delay the apprehension or prosecution has committed a gross misdemeanor or a misdemeanor. 

(Ord. 117156 Section 3, 1994: Ord. 102843 Section 12A.20.050, 1973.) Cases: Defendant’s bumping of store security officer for the purpose of helping a shoplifter escape constituted hindering law enforcement. State v. Kirvin, 37 Wn.App. 452, 682 P2d 919 (1984).

Municipal Code of the City of Seattle, Washington

SMC 6.102.080. Unlawful tattooing of minors

It shall be unlawful to tattoo any person under the age of eighteen (18) years without the written consent of his parent or guardian, and such written consent shall be kept on file for at least two (2) years in the tattoo shop where the operation is performed. Where there is doubt about such age the operator shall before the operation is performed obtain proof thereof. (Ord. 80818 Section 7, 1952.)

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TULARE COUNTY, CALIFORNIA

California Tulare County Superior Court Rule 125—Gang-Related Clothing and Personal Property

No person will wear gang clothing or possess gang-related personal property while on the premises of any courthouse. This will include gang insignias, monikers, color patterns, bandannas, hats, jewelry, clothing, belts, or any other clothing or personal property with any gang significance. Any persons identified by courthouse security personnel, or law enforcement, as wearing or possessing any item of property in violation of this rule will be asked to remove the property or themselves from the courthouse. Any such property is also subject to confiscation as contraband.

Violation of this order is punishable as contempt pursuant to Penal Code § 166 (maximum penalty of six months in county jail, a $500 fine, or both.) Any person who resists any courthouse security or law enforcement request to comply with this rule can be punished pursuant to Penal Code § 148 (maximum penalty of one year in county jail, $1,000 fine, or both.)


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