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Gang Related Loitering
Permits municipalities to enact ordinances allowing police departments to curb gang related loitering.
Law enforcement officer who observes member of criminal street gang engaged in loitering is permitted to:
- Inform such individuals they are loitering in an area in which loitering by street gang members is prohibited.
- Order such persons to disperse and remove themselves from the area
- Inform those persons they will be subject to arrest as a disorderly person for failure to promptly obey the order or if they engage in further gang loitering within the area during the following three(3) hours.
- The chief law enforcement officer is required to consult with appropriate persons – members of law enforcement agency; elected officials; county prosecutor; community groups - knowledgeable about gang activity in the proposed designated areas.
- After consulting with the appropriate persons, Chief law enforcement officer is required to designate areas of the town in which he has determined enforcement of the ordinance is necessary.
- Violators shall perform 30 days of community service. A subsequent is punishable by mandatory imprisonment for minimum 15 days
Gang loitering is defined as remaining in any one place under circumstances that would warrant a reasonable person to believe the purpose of that behavior is to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities.
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Gang Related Loitering
Permits municipalities to enact ordinances allowing police departments to curb gang related loitering.
Law enforcement officer who observes member of criminal street gang engaged in loitering is permitted to:
- Inform such individuals they are loitering in an area in which loitering by street gang members is prohibited.
- Order such persons to disperse and remove themselves from the area
- Inform those persons they will be subject to arrest as a disorderly person for failure to promptly obey the order or if they engage in further gang loitering within the area during the following three(3) hours.
- The chief law enforcement officer is required to consult with appropriate persons – members of law enforcement agency; elected officials; county prosecutor; community groups - knowledgeable about gang activity in the proposed designated areas.
- After consulting with the appropriate persons, Chief law enforcement officer is required to designate areas of the town in which he has determined enforcement of the ordinance is necessary.
- Violators shall perform 30 days of community service. A subsequent is punishable by mandatory imprisonment for minimum 15 days
Gang loitering is defined as remaining in any one place under circumstances that would warrant a reasonable person to believe the purpose of that behavior is to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities.
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