Back to the gang-related legislation index
Gang-Related Municipal Codes by Subject

Loitering

(Top)

Foley, Alabama

ARTICLE I. IN GENERAL
Sec. 11-17. Loitering for the Purpose of Engaging in Drug-Related Activities.

(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of the Code of the State of Alabama or municipal ordinance.

(b) Among the circumstances which may be considered in determining whether such purposes is "manifested,":

(1) Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any of the substances referred to in the Criminal Code of the State of Alabama as controlled substances or such person has been convicted of any drug violations or similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses drug paraphernalia as defined in the Criminal Code of the State of Alabama.

(2) Such person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area;

(3) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, such person acting as a "lookout";

(4) Such person is physically identified by the officer as a member of a "gang," or association which has as one of its purposes illegal drug activity;

(5) Such person transfers small objects or packages for currency in a furtive fashion;

(6) Such person takes flight upon the appearance of a police officer;

(7) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;

(8) The area involved is by public repute known to be an area of unlawful drug use and trafficking;

(9) The premises involved are known to have been reported to law enforcement as a place suspected of drug activity.

(c) Any person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and may also be confined in the city or county jail for a term not to exceed six (6) months, either or both. Juvenile defendants will be processed and treated in accordance with the law of the State of Alabama and pertinent regulations as applied to juveniles who are arrested by municipal police.

(Ord. No. 440-91, §§ 1, 4, 3-4-91)

Editor's note: Ord. No. 440-91, §§ 1, 4, adopted March 4, 1991, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as § 11-17.

(Top)

LOS ANGELES, CALIFORNIA

City of Los Angeles Municipal Code - 03/31/99

CHAPTER IV - PUBLIC WELFARE

ARTICLE 5 - MINORS

SEC. 45.04. PROHIBITION AGAINST JUVENILE LOITERING BETWEEN THE HOURS OF 8:30 A.M. AND 1:30 P.M

(Amended by Ord. No. 172,012, Eff. 6/19/98.)

(a) Curfew

It is unlawful for any minor under the age of 18, who is subject to compulsory education or to compulsory continuation education, alone or in concert with others, be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any place open to the public during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor’s school is in session.

(b) Exceptions.

1. The minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;

2. The minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor;

3. The minor is going or coming directly from or to their place of gainful employment;

4. The minor is going or coming to or from a medical appointment;

5. The minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued, off-campus permit;

6. The minor is attending or going to or returning directly home from a public meeting, or place of public entertainment, such as a movie, play, sporting event or school activity; or

7. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.

8. When the minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state which calls for immediate action; or

9. When the minor is in a motor vehicle involved in interstate travel; or

10. When the minor is on a sidewalk abutting the minor’s residence.

(c) Violation.

Each violation of the provisions of this section shall constitute a separate offense and shall be an infraction unless the minor requests that a petition be filed under Section 601 and 602 of the Welfare and Institutions Code.

(d) Penalties for Violation

Any person convicted of willfully violating this ordinance is guilty of an infraction punishable by a fine not exceeding $250.00 and/or perform community service for a total time not to exceed 20 hours over a period not to exceed 30 days, during times other than his or her hours of school attendance or employment.

Notwithstanding any other provisions of this Code, when a person under the age of 18 years is charged with a violation of this ordinance, and a peace officer issues a notice to appear in Superior Court to that minor pursuant to Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

(Top)

LOS ANGELES COUNTY, CALIFORNIA

13.44.010. 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 Section 13.44.010 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 nonmembers 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. (Ord. 99-0072 2 (part), 1999.)

(Top)

Warner Robins, Georgia

Article II. Loitering
Sec. 16.5-25. Same-For Purpose of Engaging In Drug-Related Activity.

(a) It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Title 16, Chapter 13, of the Official Code of Georgia.

(b) Among the circumstances which may be considered in determining whether such purpose is manifested are:

(1) Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any controlled substance as defined in Title 16, Chapter 13, of the Official Code of Georgia, or such person has been convicted of any violation of any of the provisions of such title and chapter of the Official Code of Georgia or substantially similar laws or any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks," burned or calloused thumb and index fingers, underweight, nervous and excited behavior;

(2) Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area;

(3) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, such person acting as a "lookout" or hailing or stopping cars;

(4) Such person is physically identified by the officer as a member of a "gang," or association which has as its purpose illegal drug activity;

(5) Such person transfers small objects to packages in a furtive fashion;

(6) Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a police officer;

(7) Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity;

(8) Such person possesses any instrument, article, or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades, or other cutting tools;

(9) The area involved is by public repute known to be an area of unlawful drug trafficking;

(10) Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whim there is an outstanding warrant for a crime involving drug-related activity.

(Ord. No. 45-96, § 5, 6-3-96)

(Top)

Peoria, Illinois

Article VIII. Gang/Narcotics Loitering
Sec. 20-220. Gang Loitering.

(a) Whenever a police officer observes a member of a criminal street gang 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 superintendent of police; (i) inform all such persons that they are engaged in gang loitering with an area in which loitering by groups containing criminal street gang members is prohibited; (ii) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and (iii) 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 superintendent of police shall by written directive designate areas of the city in which the superintendent has determined that enforcement of this section is necessary because gang loitering has enabled criminal street gangs to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. Prior to making a determination under this subsection, the superintendent shall consult as he/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 department of police with special training or experience related to criminal street 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 superintendent shall develop and implement procedures for the periodic review and update of designations made under this subsection.

(c) The superintendent 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 Illinois.

(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 street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities.

(2) Criminal street gang means any ongoing organization, association, in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in paragraph (3), and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(3) Criminal gang activity means the commission, attempted commission or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members: the following sections of the Criminal Code of 1961: 9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), subsection (a)(13) of Section 12-2 (aggravated assault--discharging firearm), 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.6 (aggravated battery of a senior citizen, 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-11 (home invasion), 12-14 (aggravated criminal sexual assault), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), subsections (a)(6), (a)(7), (a)(9) or (a)(12) of section 24-1 (unlawful use of weapons), 24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the department of corrections facilities), 24-1.2 (aggravated discharge of a firearm), subsection (d) of section 25-1 (mob action--violence), 33-1 (bribery), 33A-2 (armed violence), sections 5, 5.1, 7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses), or Sections 401, 401.1, 405, 406.1, 407 or 407.1 of the Illinois Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses).

(4) 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.

(5) 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 hours period, following the time the order was issued, is subject to a fine set forth in section 1-5 of this Code for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.

(Ord. No. 15269, § 1, 1-29-02; Ord. No. 16102, § 1, 4-3-07)

(Top)

ST. LOUIS, MISSOURI

St. Louis City Revised Code Chapter 15.49 

DIVISION IV. OFFENSES AGAINST PUBLIC PEACE

15.49.010 Loitering prohibited

No person shall loiter, idle, wander, stroll, play or otherwise be in or upon the area, which is bounded by Prather Avenue on the East, Devonshire Avenue on the North, and Nottingham Avenue on the South between the hours of ten p.m. and six a.m. throughout the year. (Ord. 61476 1, 1989.)

15.49.020. Penalty for violation

Any person convicted of violating this chapter shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). (Ord. 61476 2, 1989.)


Top | Index | National Gang Center Home