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Focus Question
In order to reduce gang violence, should the city of Chicago enact a gang loitering ordinance which states: If a police officer observes a member of a criminal street gang engaged in gang loitering with one or more persons in any public place designated by the Superintendent of Police, the police officer shall order them to disperse or they will be subject to arrest if they fail to obey the order promptly?
Chicago Gang Loitering Ordinance WHEREAS, The City of Chicago, like other cities across the nation, faces alarmingly high rates of murder and other violent crimes, and of drug offenses; and WHEREAS, The City Council has determined that criminal street gang activity in the City is largely responsible for this unacceptable situation; and WHEREAS, In many neighborhoods throughout the City, the burgeoning presence of street gang members in public places has intimidated many law-abiding citizens; and WHEREAS, One of the methods by which criminal street gangs establish control over identifiable areas is by loitering in those areas and intimidating others from entering those areas; and WHEREAS, Criminal street gangs establish control over identifiable areas in order to control narcotics sales and other illegal activities in those areas, and to intimidate law-abiding residents; and WHEREAS, Members of criminal street gangs avoid arrest by committing no offense punishable under existing laws when they know police are present, while maintaining control over identifiable areas by continued loitering; and WHEREAS, The City Council has determined that loitering in public places by criminal gang members creates a justifiable fear for the safety of persons and property in the area because of violence, including unacceptably high rates of drive-by shootings, drug-dealing 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 criminal street gang members because persons who are not gang members in those circumstances are at risk from drive by shootings and other gang-related violence, and at risk to be recruited by gangs; 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 use of public places to facilitate trafficking in narcotics and controlled substances has become an increasing problem in certain areas of the City; and WHEREAS, Persons frequently loiter in public places in the course of engaging in trafficking in narcotics and controlled substances; and WHEREAS, When police officers observe individuals engaging in loitering and other suspicious activity they are often unable to make an arrest, even though the persons engaged in this behavior will resume trafficking in narcotics and controlled substances as soon as the police depart; and WHEREAS, Loitering by individuals in areas where loitering is frequently associated with trafficking in narcotics and controlled substances intimidates law-abiding citizens, diminishes the value of the nearby property and has the potential to destabilize communities and attract violence; and WHEREAS, Current laws are inadequate to deal with problems posed by gang loitering and loitering as a means to facilitate trafficking in narcotics and controlled substances, principally because conventional laws generally depend upon the willingness of civilians to testify against gang members and drug dealers, and many civilians are understandably reluctant to put themselves in harm's way by providing such testimony; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Chapter 8-4 of the Municipal Code of Chicago is hereby amended by repealing Section 8-4-015 and adding new Sections 8-4-015 and 8-4-017 as follows:
8-4-015 Gang loitering.
Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with one or more persons in any public place designated for the enforcement of this Section under subsection (b), the police officer shall, subject to all applicable procedures promulgated by the Superintendent of Police: (i) 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; (ii) order all such persons to disperse and remove themselves from within sight and hearing of the place at which order was issued; and (iii) inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering within the sight or hearing of the place at which the order was issued during the next three hours.
The Superintendent of Police shall by written directive designate areas of the City in which the Superintendent has determined that enforcement of this Section is necessary because gang loitering has enabled criminal street gangs to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. Prior to making a determination under this subsection, the Superintendent shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of gang activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the Department of Police with special training or experience related to criminal street gangs; other personnel of that Department with particular knowledge of gang activities in the proposed designated area; elected and appointed officials of the area; community-based organizations; and participants in the Chicago Alternative Policing Strategy who are familiar with the area. The Superintendent shall develop and implement procedures for periodic review and update of designations made under this subsection.
The Superintendent shall by written directive promulgate 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 Illinois.
As used in this Section:
"Gang loitering" means 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 those areas, or to conceal illegal activities.
"Criminal street gang" means any ongoing organization, association, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more criminal acts enumerated in paragraph (3), and whose members individually or collectively engage in a pattern of criminal or gang activity.
"Criminal gang activity" means the 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 by gang members:
The following sections of the Criminal Code of 1961: 9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), subsection (a)(13) of Section 12-2 (aggravated assault-discharging firearm), 12-4 (aggravated battery ), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3(aggravated battery of a child), 12-4.6 (aggravated battery of a senior citizen), 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-11 (home invasion), 12-14 (aggravated criminal sexual assault), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), subsections (a)(6), (a)(7), (a)(9) or (a)(12) of Section 24-1 (unlawful use of weapons), 24-1.1 (unlawful use of weapons by felons or persons in the custody of the Department of Corrections facilities), 24-1.2 (aggravated discharge of a firearm), subsection (d) of Section 25-1 (mob action-violence), 33-1 (bribery), 33A-2 (armed violence); Sections 5,5.1,7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses); or Sections 401, 401.1, 405, 406.1, 407 or 407.1 of the Illinois Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses).
"Pattern of criminal gang activity" means two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other.
"Public place" means the public way and any other location open to the public, whether publicly or privately owned.
Any person who fails to obey promptly an order issued under subsection (a), or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the three hour period following the time the order was issued, 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 for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than 5 days imprisonment.
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 1-4-120 of this Code. …….
SECTION 2. This ordinance shall take effect 30 days after passage and approval.
Source: Police and Fire Committee of the Chicago City Council, January 12, 2000.
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