[Adopted 7-13-2004 by L.L. No. 21-2004]
A.
A person is guilty of loitering for the purpose of
facilitating gang activity when he loiters, remains or wanders about
in a public place alone or with one or more other people for the purpose
of engaging or preparing to engage in:
(1)
Tumultuous, violent or threatening conduct for the
purpose of promoting gang activity or the recruitment in gang membership;
or when, being present at an assembly which either has or develops
such purpose he remains there with intent to advance that purpose;
or
(2)
He engages in activity which is intended to intimidate
the public; or interferes with the free passage of another; or attempts
to stop motor vehicles; for the purpose of promoting gang activity,
interests or to intimidate another to advance the fear of the gang.
B.
PUBLIC PLACE
SCHOOLS
TRANSPORTATION FACILITY
Definitions. As used in this article, the following
terms shall have the meanings indicated:
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, highways, transportation
facilities, schools, places of amusement, parks, playgrounds, and
hallways, lobbies and other portions of apartment houses and hotels
not constituting rooms or apartments designed for actual residence.
In or on or within any building, structure, school bus as
defined in § 142 of the Vehicle and Traffic Law, athletic
playing field, playground or land contained within the real property
boundary line of a public or private elementary, parochial, intermediate,
junior high, vocational or high school.
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by air, railroad, motor
vehicle or any other method. It includes aircraft, watercraft, railroad
cars, buses, school buses as defined in § 142 of the Vehicle
and Traffic Law, and air, boat, railroad and bus terminals and stations
and all appurtenances thereto.
[Added 9-21-2004 by L.L. No. 28-2004; amended 4-27-2022 by L.L. No. 10-2022]
Any person who violates § 165-26 shall be guilty of a Class A Misdemeanor, punishable by a fine of not less than $250 nor more than $1,000 which must be imposed and a term of imprisonment for a period not to exceed one year which may be imposed, or both, for a first offense; a fine of not less than $1,000 nor more than $2,500 which must be imposed and a term of imprisonment for a period not to exceed one year which may be imposed, or both, for a second offense committed within five years of the first offense; and a fine of not less than $2,500 nor more than $5,000 which must be imposed and a term of imprisonment for a period not to exceed one year, or both, for a third or subsequent offense committed within five years of the first offense. Any person found by the Bureau of Administrative Adjudication to have violated § 165-26 shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses.
