[HISTORY: Adopted by the City Council of the City of Paterson as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2006 by Ord. No. 06-040]
Whenever a police officer observes an individual whose actions or conduct gives the officer reasonable cause to believe that person is a member of a criminal street gang engaged in gang loitering with one or more persons in any public place designated under § 315-2 of this article, the police officer shall, subject to all applicable procedures promulgated by the Police Director.
A.
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;
B.
Order all such persons to disperse and remove themselves
from the designated area at which the order was issued;
C.
Inform those persons that they will be subject to arrest
if they fail to obey the order promptly or engage in further loitering; within
the next three hours, within the designated place at which the order was issued.
A.
The Police Director shall, by written directive, designate
areas of the City in which the Police Director has determined that enforcement
of this article is necessary because criminal gang loitering has enabled criminal
street gangs to establish control over identifiable areas in order to intimidate
others from entering those areas or to conceal illegal activities in detriment
to the public good and safety. Prior to making a determination under this
subsection, the Police Director shall consult, as he/she deems appropriate,
with persons who are knowledgeable about the effects of gang activity in areas
in which this article may be enforced. Such persons may include, but need
not be limited to, members of the City of Paterson Police Department with
special training and/or experience related to criminal street gangs, elected
and appointed officials of the areas, community-based organizations, and members
of the CPAC community groups. The Police Director shall develop and implement
procedures for the periodic review and update of designations made under this
subsection.
B.
The Police Director shall, by written directive, promulgate
policy and 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 of New Jersey.
As used in this article, the following terms shall have the meanings
indicated:
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 commonly engaged in by criminal street gang members. The
following is a listing of such activity under the New Jersey Code of Criminal
Justice: 2C:11-2 Homicide; 2C:13-1 Kidnapping; 2C:13-2 Criminal restraint;
2C:12-1b Aggravated assault (firearm); 2C:28-5 Tampering with witnesses; 2C:15-1
Robbery (home invasion); 2C:33-28 Gang recruitment, threats, intimidation;
2C:18-2 Burglary; 2C:35-1 Controlled dangerous substances; 2C:35-3 Leader
of narcotics trafficking network; 2C:35-4 Maintaining or operating a controlled
dangerous substance house or facility; 2C:35-4.1 Fortified premises; 2C:35-6
Employing a juvenile in drug distribution; 2C:35-7 CDS within 1,000 feet of
school; 2C:35-10 Possession of CDS; 2C:17-1 Arson; 2C:39-3 Possessions of
firearms and all subsections; 2C:39-6 Possession of explosives; 2C:39-4 Possession
of weapons (firearms) for unlawful purpose; 2C:39-13 Unlawful use of bulletproof
vest. All subsections of the statutes listed apply as well as those that were
mentioned specifically.
Any ongoing organization, association, in fact or group, of three
or more persons, having as one of its activities the commission of one or
more criminal acts enumerated herein, and whose members individually, or collectively,
engage in or have engaged in a pattern of criminal gang activity.
Remaining in any one 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 such areas, or to conceal illegal
activities of which criminal street gangs engage in daily causing an extreme
danger to the public at large.
Two or more acts of criminal gang activities of which at least two
such acts were committed within five years of each other.
The public way and any other location open to the public, whether
publicly or privately owned.
A.
Any person violating any provision of this article shall,
upon conviction, be subject to a maximum penalty for such violation of one
or more of the following:
B.
Any person convicted of a subsequent violation of this
article within a one-year period shall be fined an additional amount as a
repeat offender. The additional fine shall not exceed $1,250 and shall be
in addition to, and calculated separately from, the fine imposed for the violation
of the article.
C.
Any person in default of the payment of any fine imposed
may be imprisoned in the county jail for a term not exceeding 90 days or be
required to perform community service for a period not exceeding 90 days.
