A. A person commits participating in a criminal syndicate by:
1. Intentionally organizing, managing, directing, supervising, or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or,
2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of criminal syndicate; or
3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate's affairs with the intent to promote or further the criminal objectives of criminal syndicate; or
4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or
5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section
B. A person commits assisting a criminal syndicate by committing any offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.
C. Use of common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.
D. Participating in or assisting a criminal syndicate or leading or participating in a street gang is a Class I offense. A person convicted of this offense pursuant to subsection A, paragraph 5 of this section is not eligible for suspension of sentence, probation, parole, pardon or release on any basis until the jail sentence imposed by the Court is fully served.
A person who is convicted of any offense with the intent to promote, further or assist any criminal conduct by a member or members of a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the Court has been served.
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*Editor's note: Ord. No. CC-2003-1654, §§ 1--7, adopted Dec. 2, 2003, was not specifically amendatory of the Code and has been included as art. IX, §§ 12-231--12-237 at the editor's discretion.
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(a) It shall be unlawful for two or more persons to assemble, except at a public meeting of the citizens, on any of the sidewalks, street corners, street crossings, alleys, or in any doorway or passage of any public building of this city to the obstruction of the same so as to hinder, delay, or annoy any persons passing in, upon, or along the same or the owners or occupants or property adjacent thereto or for any person so assembled to make offensive personal remarks upon any passerby.
(b) No attempt shall be made to hinder or interfere with the flow of vehicular traffic.
(c) It shall be unlawful for an individual to knowingly permit any assembly for the purpose of committing any unlawful act of breach of peace, or any riot, offense or disorderly conduct in or upon any premises owned, or occupied by him or under his control.
(d) It shall be unlawful for any individuals to interrupt or disturb any lawful assembly of people by making any loud or unusual noise, or by rude or indecent behavior or by profane, obscene or improper discourse or conduct.
(e) It shall be unlawful for any person to be involved in mob action. Said mob action is defined as follows:
(1) The use of force or violence disturbing the public peace by two or more persons acting together without authority of law; or
(2) The assembly of two or more persons to do an unlawful act; or
(3) The assembly of two or more persons without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.
(Ord. No. CC-2003-1654, § 1, 12-2-03)
(a) In shall be unlawful for any person in the city to engage in "criminal gang activity". For purposes of this section a"street gang" or "gang" is defined as:
Any ongoing organization, association in fact or group of three or more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its activities the commission of criminal or illegal acts or violations of municipal ordinances, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity, illegal acts or ordinance violations, and which group frequently, though not necessarily, claims one or more particular geographical territories or turfs exclusively as its realm of influence and operations.
(b) It shall be unlawful for any person within the city of knowingly use, display or wear colors, emblems or insignia on or about their person in public for the purpose of promoting any street gang activity. Evidence of the commission of such offenses may be seized by police officers.
(c) It shall be unlawful for any person within the city to knowingly do or make any act, utterance, gesture, or display for the purpose of communicating membership of, affiliation with, association with, support of identification with, sympathy toward or affront or insult toward any street gang or that the subject act, utterance, gesture, or display is used and recognized as communicative of street gang membership, affiliation, association, support, identification, sympathy or affront.
(Ord. No. CC-2003-1654, § 3, 12-2-03)
(a) Any person found in violation of this article shall be fined not more that $2,500.00 for each separate offense.
(b) Restitution by the violator may also be made with respect to any property damaged, destroyed, or defaced in any way.
(Ord. No. CC-2003-1654, § 7, 12-2-03)
(Top)All profits, proceeds, and instrumentalities of criminal street gang activity or recruitment and all property used or intended or attempted to be used to facilitate the criminal activity or recruitment of any criminal street gang or of any criminal street gang member, are subject to seizure and forfeiture, with proceeds of said forfeiture to be used by Tribal Council to fund gang prevention or enforcement programs.
(Ord. No. 117, 3-3-2000)