City of Milwaukee - File #: 051314

• File #: 051314
• Version: 1
• Type: Ordinance
• Status: Dead
• File created: 1/18/2006
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 2/28/2006
• Effective date: 3/17/2006
• Title: A substitute ordinance relating to loitering by criminal gang members.
• Sponsors: ALD. ZIELINSKI, ALD. BAUMAN, ALD. DONOVAN, ALD. WITKOWSKI
• Indexes: CRIME AND CRIMINALS, SAFETY REGULATIONS

Date	Ver.	Action By	Action	Result	Tally
2/28/2006	1	COMMON COUNCIL	PASSED	Fail	7:8
2/28/2006	1	COMMON COUNCIL	ASSIGNED TO; Minutes note: Ald. McGee moved for separate action on this item. Ald. Hamilton moved to call the question. There were no objections.	Fail	4:11
2/16/2006	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearances: City Attorney, Grant Langley, City Attorney's Office. Deputy City Attorney, Linda Burke, City Attorney's Office. Assistant City Attorney, Adam Stevens, City Attorney's Office. Deputy Inspector Anna Ruziski, Milwaukee Police Department. Captain Michael Young, Milwaukee Police Department. Ald. Robert Bauman, 4th Aldermanic District. Ald. Willie Wade, 7th Aldermanic District. Ald. Joe Davis, 2nd Aldermanic District. The following citzens spoke against file #05134: Doris Jude Kerry Jenkins Gilbert Vasquez Roslyn Wolfe Robert Baker Dawn Baker Attorney Milele Coggs Matt Nelson Mr. Moriarty	Pass	3:1
2/10/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/10/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/10/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/10/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/7/2006	1	COMMON COUNCIL	ASSIGNED TO	Pass	8:6
1/26/2006	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearances: Deputy Inspector Anna Ruzinski, Milwaukee Police Department. Captain Young, Milwaukee Police Department LaGrace Murphy, Citizen FeDell Williams, Citizen Julian Curley, Citizen. Bernadine Bradford, Citizen.	Pass	4:1
1/25/2006	1	CITY CLERK	Sponsor added; Minutes note: Ald. Witkowski was added
1/24/2006	1	CITY CLERK	DRAFT SUBMITTED
1/24/2006	1	CITY CLERK	Sponsor added; Minutes note: Ald. Donovan was added
1/18/2006	0	COMMON COUNCIL	ASSIGNED TO

Number
051314
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. ZIELINSKI, BAUMAN, DONOVAN AND WITKOWSKI
Title
A substitute ordinance relating to loitering by criminal gang members.
Sections
106-32 cr
Analysis
This ordinance prohibits a member of a criminal street gang from engaging in “gang loitering” with one or more persons in any public place designated by the chief of police. “Gang loitering” is defined as “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”.

Whenever a police officer observes a member of a criminal street gang engaged in gang loitering, the police officer shall, subject to applicable procedures promulgated by the chief of police, order such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued. Any person who fails to obey an order shall, upon conviction, be subject to a forfeiture of not less than $100 nor more that $500.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-32 of the code is created to read:
106-32. Loitering by Gang Members.
1. DEFINITIONS: In this section:
a. “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.

b. “Criminal gang” means an ongoing organization, association or group of 3 or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult...