(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 division (B) below, the police officer shall, subject to all applicable procedures promulgated by the Chief of Police:
(1) Inform all persons that they are engaged in gang loitering with an area in which loitering by groups containing criminal street gang members is prohibited;
(2) Order all 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 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 division, 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 this section may be enforced. The persons may include but need not be limited to members of the Police Department 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; community-based organizations; and participants in the Neighborhood Watch Program who are familiar with the area. The Chief of Police shall develop and implement procedures for the periodic review and update of designations made under this division.
(C) The Chief of Police 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.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL GANG ACTIVITY. The commission, attempted commission or solicitation of the following offenses listed in the following sections of the Criminal Code of 1961, being ILCS Ch. 720, Act 5, 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:
(a) ILCS Ch. 720, Act 5, § 9-1 (murder);
(b) ILCS Ch. 720, Act 5, § 9-3.3 (drug-induced homicide);
(c) ILCS Ch. 720, Act 5, § 10-1 (kidnapping);
(d) ILCS Ch. 720, Act 5, § 10-4 (forcible detention);
(e) ILCS Ch. 720, Act 5, § 12-2(c) (aggravated assault-discharging firearm);
(f) ILCS Ch. 720, Act 5, § 12-4 (aggravated battery);
(g) ILCS Ch. 720, Act 5, § 12-4.1 (heinous battery);
(h) ILCS Ch. 720, Act 5, § 12-4.2 (aggravated battery with a firearm);
(i) ILCS Ch. 720, Act 5, § 12-4.3 (aggravated battery of a child);
(j) ILCS Ch. 720, Act 5, § 12-4.6 (aggravated battery of a senior citizen);
(k) ILCS Ch. 720, Act 5, § 12-6 (intimidation);
(l) ILCS Ch. 720, Act 5, § 12-6.1 (compelling organization membership of persons);
(m) ILCS Ch. 720, Act 5, § 12-11 (home invasion);
(n) ILCS Ch. 720, Act 5, § 12-14 (aggravated criminal sexual assault);
(o) ILCS Ch. 720, Act 5, § 18-1 (robbery);
(p) ILCS Ch. 720, Act 5, § 18-2 (armed robbery);
(q) ILCS Ch. 720, Act 5, § 19-1 (burglary);
(r) ILCS Ch. 720, Act 5, § 19-3 (residential burglary);
(s) ILCS Ch. 720, Act 5, § 19-5 (criminal fortification of a residence or building);
(t) ILCS Ch. 720, Act 5, § 20-1 (arson);
(u) ILCS Ch. 720, Act 5, § 20-1.1 (aggravated arson);
(v) ILCS Ch. 720, Act 5, § 20-2 (possession of explosives or explosive or incendiary devices);
(w) ILCS Ch. 720, Act 5, § 24-1(a)(6), (a)(7), (a)(9) or (a)(12) (unlawful use of weapons);
(x) ILCS Ch. 720, Act 5, § 24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities);
(y) ILCS Ch. 720, Act 5, § 24-1.2 (aggravated discharge of a firearm);
(z) ILCS Ch. 720, Act 5, § 25-1(d) (mob action - violence);
(aa) ILCS Ch. 720, Act 5, § 33-1 (bribery);
(bb) ILCS Ch. 720, Act 5, § 33A-2 (armed violence);
(cc) Sections 5, 5.1, 7 or 9 of the Cannabis Control Act, being ILCS Ch. 720, Act 550, where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses; or
(dd) Sections 401, 401.1, 405, 406.1, 407 or 407.1 of the State Controlled Substances Act, being ILCS Ch. 720, Act 550 (illegal manufacture of delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses).
CRIMINAL STREET GANG. 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 under the definition of criminal gang activity herein, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
GANG LOITERING. 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.
PATTERN OF CRIMINAL GANG ACTIVITY. Two or more acts of criminal gang activity of which at least two acts were committed within five years of each other.
PUBLIC PLACE. The public way and any other location open to the public, whether publicly or privately owned.
(E) (1) Any person who fails to obey promptly an order issued under division (A) of this section, or who engages in further gang loitering within sight or hearing of the place at which 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 $250 and not more than $700 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.
(2) In addition to or instead of the above penalties, any person who violates this section may be required to perform up to 120 hours of community service.
(Ord. 06-51, passed 11-28-2006)