(A) (1) No vagrant or mendicant shall frequent any depot, railroad yard, theater, street, alley, sidewalk, park, public building or any place frequented by the public in the city.
(2) All persons who go about begging, all persons who are idle or dissolute and do not lawfully provide for themselves or for their families, all persons having no lawful means of support who habitually spend their time in houses of ill fame or in gaming houses or who are habitually found loitering or prowling around any depot, railroad yard, theater, street alley, sidewalk, park, public building or place frequented by the public and all persons lodging in or found in the nighttime in outhouses, sheds, barns or unoccupied buildings or lodging in the open air and unable to justify their presence in such place are declared to be vagrants or mendicants within the meaning of this section.
(B) (1) Whenever a police officer observes a person whom he or she reasonably believes to be a criminal street gang member loitering in any public place with one or more other persons, he or she shall order all such persons to disperse and remove themselves from the area. Any person who does not promptly obey such an order is in violation of this division (B).
(2) It shall be an affirmative defense to an alleged violation of this division (B) that no person who was observed loitering was in fact a member of a criminal street gang.
(3) For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL GANG ACTIVITY.
1. Definition. 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.
2. Criminal code reference. The following sections of the Criminal Code of 2012: 720 ILCS 5/9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), 11-1.30 (aggravated criminal sexual assault), 12-2 (aggravated assault-discharging firearm), 12-3.05 (aggravated battery), 12-6 (intimidation), 12-6.5 (compelling organization membership of persons), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 19-6 (home invasion), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), 24-1(a)(6), (a)(7) or (a)(9) (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), 25.1 (mob action), 33-1 (bribery), 33A-2 (armed violence); 720 ILCS 550/5, 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 720 ILCS 570/401, 401.1, 405, 406.1, 407 or 407.1 of the State Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses); are adopted by reference.
CRIMINAL STREET GANG. Any on- going 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 division (B)(1) above and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
LOITER. To remain in any one place with no apparent purpose.
PATTERN OF CRIMINAL GANG ACTIVITY. Two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other and at least one such act occurred after the effective date of this division (B).
PUBLIC PLACE. The public way and any other location open to the public whether publicly or privately owned.
(4) The ordinance from which the provisions of this division (B) derive shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this division (B) shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 130.03) (Ord. 93-234, passed 10-26-1993) Penalty, see § 130.99