(A) Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with 1 or more other persons in any public place designated for the enforcement of this section under division (B), the police officer shall, subject to all applicable procedures promulgated by the Chief of Police: inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal street gang members is prohibited; order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and 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 3 hours.
(B) The Chief of Police shall by written directive designate areas of the Village in which the Chief has determined that enforcement of this section is necessary because gang loitering has enable 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 of Police shall consult as he 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; community-based organizations; and participants in the Maywood Community Alternative Policing Strategy who are familiar with the area. The Chief 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) As used in this section:
(1) GANG LOITERING means remaining in any 1 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 3 or more persons, whether formal or informal, having as 1 of its substantial activities the commission of one or more of the criminal acts enumerated in subsection (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: 720 ILCS 5/9-1 (murder), 720 ILCS 5/9-3.3 (drug-induced homicide), 720 ILCS 5/10-1 (kidnapping), 720 ILCS 5/10-4 (forcible detention), 720 ILCS 5-11/1.30 (aggravated criminal sexual assault), 720 ILCS 5/12-2(a)(13) (aggravated assault - discharging firearm), 720 ILCS 5/12-4 (aggravated battery), 720 ILCS 5/12-4.1 (heinous battery), 720 ILCS 5/12-4.2 (aggravated battery with a firearm), 720 ILCS 5/12-4.3 (aggravated battery of a child), 720 ILCS 5/12-4.6 (aggravated battery of a senior citizen), 720 ILCS 5/12-6 (intimidation), 720 ILCS 5/12-6.1 (compelling organization membership of persons), 720 ILCS 5/19-6 (home invasion), 720 ILCS 5/18-1 (robbery), 720 ILCS 5/18-2 (armed robbery), 720 ILCS 5/19-1 (burglary), 720 ILCS 5/19-3 (residential burglary), 720 ILCS 5/19-5 (criminal fortification of a residence or building), 720 ILCS 5/20-1 (arson), 720 ILCS 5/20-1.1 (aggravated arson), 720 ILCS 5/20-2 (possession of explosives or explosive or incendiary devices), 720 ILCS 5/24-1(a)(6), (a)(7), (a)(9) or (a)(12) (unlawful use of weapons), 720 ILCS 5/24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities), 720 ILCS 5/24-1.2 (aggravated discharge of a firearm), 720 ILCS 5/25-1(a) (mob action - violence), 720 ILCS 5/33-1 (bribery), 720 ILCS 5/33A-2 (armed violence); the Cannabis Control Act, 720 ILCS 550/5, 5.1, 7 or 9 where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses), or Illinois Controlled Substances Act 720 ILCS 570/401, 401.1, 405, 406.1, 407 or 407.1 (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 2 or more acts of criminal gang activity of which at least 2 such acts were committed within 5 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 division (A), or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the 3-hour period following the time the order was issued, is subject to a fine of not less than $100 and not more than $500 for each offense, or may be required to perform up to 120 hours of community service pursuant to any community service program established or authorized by this Code.
(Ord. C0-02-10, passed 4-15-2002)