(a) Notwithstanding any other provision of this code, it is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code § 186.22(f), or any successor provision thereto, 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 that term is defined in subsection (b) of this section, 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 non-members of that 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 any other unlawful activity.
(b) For purposes of this chapter, a "public place" means the public right-of-way and any other area or 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. "Public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.
(Ord. 579 § 1 (part), 2003)
Nothing in this chapter shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this chapter.
(Ord. 579 § 1 (part), 2003)
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