§ 9.36.020. Loitering.

A.

No person or persons without good, undoubted and sufficient excuse shall loaf or loiter about any depot, store, theater, street, alley, sidewalk, park or other public place or places frequented by the public in the city.

B.

1.

Definitions:

a.

"Street gang" means any combination, confederation, alliance or understanding in law or in fact, that through its members or through the agency of any member and at the direction, order or request of any member who is a leader or other authority, engages in a course or pattern of criminal activity.

b.

"Course or pattern of criminal activity" means two or more gang-related criminal offenses when:

i.

One or more of the offenses was committed after the effective date of the ordinance codified in this Subsection B;

ii.

The offenses were committed within five years of each other; and

iii.

At least one offense involved the solicitation to commit, conspiracy to commit or commission of any offense defined as a felony or forcible felony under the Illinois Criminal Codes or as prescribed in an applicable city ordinance delineating certain offenses.

c.

"Gang-related activities" means those activities which are conducted with the intent to increase the gang's size or dominance, or with the intent to provide the gang with an advantage in the criminal market sector, or with the intent to obstruct justice, or with the intent to otherwise directly or indirectly cause any benefit or gain to or for the gang.

2.

It is unlawful for any person to loiter, loaf, wander, stand or remain idle whether alone and/or in consort with others in a public place with the purposes of recruiting others for membership in a street gang or for participation in gang-related activities.

3.

The penalty for violation of the section hereinabove shall be fine of not less than fifty dollars, nor more than five hundred dollars.

4.

It is declared to be a nuisance for any person, whether alone or in consort with others to engage in gang related activities in a dwelling or other building. Such person, whether he be either the owner, agent or occupant of any such dwelling or building shall be deemed guilty of maintaining a public nuisance, and may be penalized as hereinafter provided.

a.

Definitions. The terms "street gang," "course or pattern of criminal activity" and "gang-related activities" are used in Subsections (2) through (4) as defined in Subsections (B)(1)(a) through (c) of this section.

C.

Abatement. Whenever such a nuisance exists or is found to exist within the city, the city is authorized to cause the same to be abated in such manner as the chief of police may direct or as otherwise authorized by the laws of the State of Illinois.

D.

Penalty. Any person violating this section hereinabove shall be fined not less than fifty dollars, nor more than five hundred dollars. Furthermore, if the person is not the owner of the building being used for gang-related activity, the court may order the offender to pay restitution to the owner for the costs of any damage caused by such gang-related activity, unless the owner knew or should have known that such activity was taking place and negligently or wilfully failed to notify the city of the occurrence of such activity.

(Ord. 2907, 1993; prior code § 25.0270)