[HISTORY: Adopted by the City Council of the City of Springfield 11-10-2009 (Title 8,
Ch. 8.42, of the 1986 Code). Amendments noted where applicable.]
A.
The City Council of the City of Springfield finds and decrees 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 chapter 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.
B.
The City Council of the City of Springfield finds, however, that
neighborhoods, schools, businesses and residential areas within the
City are being intimidated and victimized by street gangs. The City
Council finds that there are now several hundred street gangs operating
in the Commonwealth of Massachusetts, and that their intimidation
and criminal activity is most widespread in urban areas, including
the City of Springfield.
C.
Street gang activity presents a clear and present danger to public
order and safety and is not constitutionally protected. No society
is or should be required to endure such activities without redress.
Accordingly, it is the intent of the City Council, by enacting this
chapter, to prohibit street-gang-related activity.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
As defined in § 201-5, as amended, any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the Code Enforcement Commissioner.
Any combination, confederation, alliance, network, conspiracy,
understanding or other similar conjoining in law or in fact of three
or more persons with an established hierarchy that through its membership
or through the agency of any member engages in a course or pattern
of activity in violation of the criminal statutes of the Commonwealth
of Massachusetts or the ordinances of the City of Springfield. For
purposes of this chapter, it shall not be necessary to show that a
conspiracy, combination or conjoining of persons possesses, acknowledges
or is known by any known name, insignia, flag, means of recognition,
secret, signal or code, creed, belief, structure, leadership or command
structure, method of operation or criminal enterprise, concentration
or specialty, membership, age or other qualifications, initiation
rights, geographical or territorial situs or boundary or location
or other unifying mark, manner, protocol or method of expressing or
indicating membership when the conspiracy's existence in law
or in fact can be demonstrated by a preponderance of the competent
evidence.
Any person who actually and in fact belongs to a gang and
any person who knowingly acts in the capacity of an agent for or accessory
to or is legally accountable for or voluntarily associates himself
with a course or pattern of gang-related activity in violation of
the criminal statutes of the Commonwealth of Massachusetts or the
ordinances of the City of Springfield, whether in a preparatory, executory
or cover-up phase of any activity, or who knowingly performs or aids
or abets such activity.
Any activity in violation of the criminal statutes of the
Commonwealth of Massachusetts or the ordinances of the City of Springfield
to further the goals and objectives of any gang by any person or persons
with the intent to:
Increase the gang's size, membership, prestige, dominance
or control in any geographical area of the City of Springfield; or
Provide the gang with any advantage in or any control or dominance
over any criminal market sector, including, but not limited to, the
manufacture, delivery or sale of controlled substances or cannabis;
arson or arson-for-hire; traffic in stolen property or stolen credit
cards; traffic in prostitution, obscenity or pornography; or that
involves robbery, burglary or theft; or the delivery or sale of any
dangerous or deadly weapon; or
Exact revenge, retribution or intimidation for the gang or any
member of the gang by means of intentionally or knowingly and without
legal justification causing or threatening bodily harm to an individual
or making or threatening physical contact of an insulting or provoking
nature with an individual; or
Obstruct justice or intimidate or eliminate any witness against
the gang or any member of the gang; or
Otherwise directly or indirectly cause any benefit, aggrandizement,
gain, profit or other advantage whatsoever to or for the gang, its
reputation, influence or membership; or
Influence the reputation of the gang or its members by the placement
of graffiti upon any public or private curbstone, flagstone, brick,
sidewalk or any part of any sidewalk or any street or upon any tree,
lamp post, telephone pole, utility box, utility pole, stanchion, postal
mail receptacle, newspaper box, fire hydrant, fence, door, wall, window,
garage or enclosure, vehicle, bridge, pier or upon any other public
or private structure or building; or
Further the goals and objectives of the gang by knowingly using,
displaying or wearing known gang colors, emblems or their gang insignia
or to make any act, utterance, gesture or display with the intent
to communicate membership with, affiliation with, association with,
support of, or identification with any known street gang.
No street gang member or gang member shall engage in any street-gang-related
or gang-related conduct within the City of Springfield.
A conviction under § 190-3 above shall be a misdemeanor.
In accordance with MGL c. 268, § 34A, all persons
shall provide their true name to a law enforcement officer following
an arrest.
No section, paragraph or provision of this chapter shall be
construed to conflict with any state law, including MGL c. 265,
§ 44, as amended, "Coercion of [a] child under 18 into criminal
conspiracy; penalties," which provides: "Whoever commits an assault
and battery on a child under the age of 18 for the purpose of causing
or coercing such child to join or participate in a criminal conspiracy
in violation of section seven of chapter 274, including but not limited
to a criminal street gang or other organization of three or more persons
which has a common name, identifying sign or symbol and whose members
individually or collectively engage in criminal activity, shall, for
the first offense, be punished by imprisonment in the state prison
for not less than three nor more than five years or by imprisonment
in the house of correction for not more than 2 1/2 years; and
for a second or subsequent offense by imprisonment in the state prison
for not less than five nor more than 10 years." Should it be determined
that there is a conflict between this chapter and any state law, such
state law shall control.
