Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56

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2002 South Bend Gang Loitering Ordinance--Substitute Bill No. 42-02 Page 4 Sec. 13-2. Definitions. For the purposes of this Article, the following terms and phrases shall have the indicated meanings: a. "CRIMINAL GANG ACTIVITY" means the commission, attempted commission, or solicitation of the following offenses, provided that the offenses are committed by two (2) 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 the criminal conduct by gang members any of the following sections of the Indiana Code : Title 35, Article 42 "Offenses Against the Person"; Title 35, Article 43 "Offenses Against Property"; Title 35, Article 44 "Offenses Against the Administration"; Title 35, Article 45 "Offenses against Public Health, Order and Decency"; Title 35, Article 46 Miscellaneous Offenses"; Title 35, Article 47 "Weapons and Instruments of Violence"; Title 35, Article 48 "Controlled Substances"; and Title 35, Article 49 "Obscenity and Pornography". b. "CRIMINAL STREET GANG" means any ongoing organization, association in fact or group of three (3) or more persons, whether formal or informal, having as one of its substantial activities the commission of one (1) or more of the criminal acts enumerated in paragraph a. of this section, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. c. "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 d. "NARCOTICS-RELATED 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 facilitate the distribution of substances in violation of Title 35, Article 48, "Controlled Substances" of the Indiana Code. e. "PATTERN OF CRIMINAL GANG ACTIVITY" means rivo (2) or more acts of criminal gang activity of which at least two (2) such acts were committed within five (5) years of each other. f. "PUBLIC PLACE" means the public way and any other location open to the public, whether publicly or privately owned. Sec. 13-3. Gang Loitering Prohibited. Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with one or more other persons in any public place designated for the enforcement of this Article, the police officer shall, subject to all applicable procedures promulgated by the Chief of Police: