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Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56
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Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56
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Last modified
5/27/2009 10:19:16 AM
Creation date
8/27/2008 5:13:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/26/2002
Ord-Res Number
9347-02
Bill Number
42-02
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2002 South Bend Gang Loitering Ordinance-Substitute Bill No. 42-02 <br />Page 5 <br />a. Inform all such persons that they are engaged in gang loitering within an area in <br />which loitering by groups containing criminal street gang members is prohibited; <br />b. Order all such persons to disperse and remove themselves from within sight and <br />hearing of the place at which the order was issued; and <br />c. Inform those persons that they will be subject to penalties if they fail to obey the <br />order promptly or engage in further gang loitering within sight or hearing of the place at which the <br />order was issued during the next three (3) hours. <br />Sec. 13-4. Narcotics-Related Loitering Prohibited. <br />Whenever a police officer observes one or more persons engaged in narcotics-related <br />loitering in any public place designated for the enforcement of this Article, the police officer shall: <br />a. Inform all such persons that they are engaged in loitering within an area in which <br />such loitering is prohibited; <br />b. Order all such persons to disperse and remove themselves from within sight and <br />hearing of the place at which the order was issued; and <br />c. Inform those persons that they will be subject to penalties if they fail to obey the <br />order promptly or engage in further narcotics-related loitering within sight or hearing of the place at <br />which the order was issued during the next three (3) hours. <br />Sec. 13-5. Areas Designated for Enforcement. <br />a. The Chief of Police of the South Bend Police Department shall by written directive <br />designate areas of the City of South Bend in which the Chief of Police has determined that <br />enforcement of Section 13-3 is necessary because gang loitering has enabled criminal street gangs <br />to establish control over identifiable areas, to intimidate others from entering those areas, or to <br />conceal illegal activities. Prior to making a determination under this Section, the Chief of Police <br />shall consult as he or she deems appropriate with persons who are knowledgeable about the effects <br />of gang activity in areas in which the ordinance may be enforced. Such persons may include, but <br />
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