Whereas, the City of Whiteacre Bluffs, like other cities across the nation, has been experiencing an increasing crime rate in general, and specifically an increase in violent and drug related criminal activity; and

Whereas, the City Council has determined that the continuing increase in gang activity in the City is largely responsible for this unacceptable situation; and

Whereas, in many neighborhoods throughout the City the burgeoning presence of aimless youth in public places is a breeding ground for an increase in gang membership; and

Whereas, the congregation of youth in public places has intimidated many law-abiding citizens, and,

Whereas, one of the methods by street gangs establish control over identifiable areas is by loitering in those areas and intimidating others from entering or passing tlrrough those areas; and,

Whereas, members of street gangs avoid arrest by committing no criminal offense punishable under existing laws when they know police are present, all the while maintaining control over identifiable areas by continued loitering; and

Whereas, the City Council has determined that loitering in public places by street gang members creates a justifiable fear for the safety of persons and property in the areas because of the violence, drug-dealing, intimidation, and vandalism often associated with such activity; and

Whereas, the city also has an interest in discouraging all persons from loitering in public places with street gang members; and

Whereas, aggressive action is necessary to preserve the City's streets and other public places so that the public may use such places without fear; and

Whereas, The City Council has also determined that it is necessary to amend the Municipal Code to provide for a stronger loitering ordinance and a more effective means of enforcement; now, therefore:

BE it ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHITEACRE
BLUFFS:
 

Section 1, Chapter 9-5 of the Municipal Code of Whiteacre Bluffs is hereby amended by adding a new section 9-5-014 as follows:

9-5-014
 

I. Definitions --as used in this section:
(I) "Loiter" means the act of standing or remaining in or about any public street, public sidewalk, public recreation area, public meeting place, public overpass, or public bridge, or other place specifically enumerated herein when said person knows:
A. that he or she is in the presence of one or more persons engaged in unlawful drug activity which includes, but is not limited to, the use, possession, or distribution of an illegal drug or controlled substance;
(b) that he or she is in the presence of one or more persons engaged in conduct that intimidates, obstructs the movement, or otherwise harasses others,
(c) that he or she is in the presence of one or more persons who is in possession of a concealed weapon.
(2) "Public place" means the public way and any other location open to the public, whether publicly or privately owned
(B) Whenever a police officer observes a person whom that officer reasonably believes to be a street gang member loitering in any public place with one or more other persons, and reasonably believes there is an imminent threat to public peace, safety, or order, the police officer 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 section.
(C) It shall be an affirmative defense to an alleged violation of this section that no person who was observed loitering was in fact a member of a street gang.
(D) Any person who violates this Section is subject to a fine of not less than $100 and not more than $500 for each offense, or imprisonment for not more than six months, or both.
(E) 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 pursuant to section 14-120 of this Code