A. Legislative Findings:
1. The city council hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age or disability to be secure and protected from fear, intimidation and physical harm caused by the activities of violent groups and individuals. It is not the intent of this section to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The city council hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
2. The city council finds, however, that the proliferation of street gangs often results in crisis situations caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The city council finds that there are approximately four hundred (400) active gang members comprising ten (10) identified street gangs. It is the intent of the city council in enacting this section to help prevent criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The city council further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.
3. The council further finds that it is prudent to institute reasonable laws so as to make it a violation of a city ordinance to solicit or recruit, conspire to solicit or recruit a juvenile as a member of a criminal street gang or to deter a juvenile from leaving a criminal street gang.
B. Definitions: As used in this section, the following terms shall have the designated meanings:
CRIMINAL STREET GANG: Any ongoing organization, association in fact or group of three (3) or more persons, whether formal or informal, having as one of its primary activities the commission of one or more predicate gang crimes, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
PATTERN OF CRIMINAL GANG ACTIVITY: The commission, attempt to commit, conspiring to commit, or solicitation of two (2) or more predicate gang crimes within a five (5) year period, provided that the offenses are committed by two (2) 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.
PREDICATE GANG CRIME: 1. The following offenses under the laws of the state of Utah (Utah Code Annotated):
a. Any criminal violation of title 58, chapter 37, 37a, 37b, or 37c, regarding drug related offenses;
b. Assault and related offenses under title 76, chapter 5, part 1;
c. Any criminal homicide offense under title 76, chapter 5, part 2;
d. Kidnapping and related offenses under title 76, chapter 5, part 3;
e. Any felony sexual offense under title 76, chapter 5, part 4;
f. Any property destruction offense under title 76, chapter 6, part 1;
g. Burglary, criminal trespass, and related offenses under title 76, chapter 6, part 2;
h. Robbery and aggravated robbery under title 76, chapter 6, part 3;
i. Any fraud offense under title 76, chapter 6, part 5, except sections 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
j. Any offense of obstructing government operations under title 76, chapter 8, part 3, except sections 76-8-302, 76-8-303, 76-8-304, 76-8-307, 76-8-308 and 76-8-312;
k. Tampering with a witness or other violation of section 76-8-508;
l. Retaliation against a witness, victim or informant in violation of section 76-8-508.3;
m. Extortion or bribery to dismiss criminal proceeding as defined in section 76-8-509;
n. Any explosives offense under title 76, chapter 10, part 3;
o. Any weapons offense under title 76, chapter 10, part 5;
p. Any violation of title 76, chapter 10, part 15, bus passenger safety act;
q. Any violation of title 76, chapter 10, part 16, pattern of unlawful activity act;
r. Communications fraud as defined in section 76-10-1801;
s. Any violation of title 76, chapter 10, part 19, money laundering and currency transaction reporting act;
t. Burglary of a research facility as defined in section 76-10-2002;
u. Any violation of title 76, chapter 6, part 11, identity fraud act;
v. Felony theft in violation of title 76, chapter 6, part 4, except sections 76-6-404.5, 405, 407, 408, 409, 409.1, 409.3, 409.6, 409.7, 409.8, 409.9, 410 and 410.5; or
w. Violations of sections 41-1a-1313 (possession without identification number), 1315 (false evidence of title and registration), 1316 (receiving/transferring stolen vehicles), 1317 (selling/buying with identification number) and 1318 (fraudulent alteration of identification number) of the motor vehicle act.
2. Any federal or state felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including assault with a deadly weapon, aggravated battery, intimidation, compelling organization membership, homicide or manslaughter, shooting at an occupied dwelling or motor vehicle, kidnapping, carjacking, robbery, residential burglary, drive by shooting, unlawful use or possession of weapons, bribery, tampering with or retaliating against a witness, victim, informant or juror, rape, torture, and arson.
3. Any federal or state offense involving:
a. Money laundering;
b. Felony vandalism;
c. Unlawful sale of a firearm; or
d. Obstruction of justice.
C. Designated Areas: The chief of the Ogden police department shall by written directive designate areas of the city in which the chief has determined that enforcement of this section is necessary because criminal street gangs are targeting juveniles in identifiable areas and using fear intimidation to recruit juveniles into gang membership or to prevent juveniles from leaving gang membership. Prior to making a determination under this subsection, 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. Such persons may include, but need not be limited to, members of the Ogden police department with special training or experience related to criminal street gangs; other personnel of the department with particular knowledge of gang activities in the proposed designated area; elected and appointed officials of the area; community based organizations. The chief shall develop and implement procedures for periodic review and update of designations made under this subsection.
D. Prohibited Conduct: No person shall:
1. Conspire to solicit, recruit, entice or intimidate a minor to join a criminal street gang;
2. Solicit, recruit, entice or intimidate a minor to join a criminal street gang or conspire to do so repeatedly from the same location;
3. Expressly or impliedly threaten to do bodily harm to a minor or to that minor's family or use any other criminally unlawful means to deter any person from leaving a criminal street gang.
E. Violation: A violation of this section is a class B misdemeanor, subject to the penalties provided under title 1, chapter 4, article A of this code.
F. Police Officer Training: All law enforcement officers within the Ogden City police department charged with enforcing this section will undergo appropriate training on identification of gang members and criminal street gangs.
(Ord. 2007-52, 7-17-2007)