City of Milwaukee - File #: 070335

• File #: 070335
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/30/2007
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 6/19/2007
• Effective date: 7/7/2007
• Title: A substitute ordinance relating to loitering by criminal gang members.
• Sponsors: ALD. ZIELINSKI, ALD. BAUMAN, ALD. DONOVAN, ALD. BOHL
• Indexes: CRIME PREVENTION, NUISANCES

Date	Ver.	Action By	Action	Result	Tally
7/6/2007	1	CITY CLERK	PUBLISHED
6/28/2007	1	MAYOR	SIGNED
6/19/2007	1	CITY CLERK	DRAFT SUBMITTED
6/19/2007	0	COMMON COUNCIL	AMENDED; Minutes note: Ald. Davis moved to amend this file as follows: 1. Renumber s. 106-32-1-d and e to 106-32-1-e and f. 2. Create s. 106-32-1-d to read: d. "Criminal gang member" means any person who participates in criminal gang activity as defined in par. c, with a criminal gang, and meets one or more of the following criteria: d-1. The person is a self-admitted gang member. d-2. The person is identified as a gang member by a reliable and proven source. d-3. The person is associated with known gang members and uses gang signs, gang dress and mannerisms. d-4. The person has been arrested more than one time with known gang members for gang-type criminal offenses. d-5. The person has been observed by law enforcement associating with known gang members at known gang locations. d-6. The person has at one time admitted to be a gang member, but now claims that he or she is not a gang member, although he or she continues to associate with known gang members.	Pass	8:6
6/19/2007	1	COMMON COUNCIL	PASSED; Minutes note: Ald. Bohl moved for the previous question. There was no objection.	Pass	9:5
6/19/2007	1	COMMON COUNCIL	RECONSIDERED	Fail	6:8
6/7/2007	0	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearances: Deputy Inspector Anna Ruzinski, Milwaukee Police Department. Captain Michael Young, Milwaukee Police Department. Alderman James Bohl, 5th Aldermanic District. Linda Burke, Deputy City Attorney Burke, City Attorney's Office. The following individuals appeared in opposition of Common Council File #070335: Matt Nelson, Citizen representing Milwaukee Police Accountability Prohibition. Emiio DeTorre Bobby Drake, Campaign Against Violence. Jamie Montgomery, Campaign Against Violence. Captain Young informed the committee that an individual who has met at least 2 of the following criteria may be identified as a gang member: -Admits to being a gang member. -Is under the age of 18 and identified as a gang member by his or her parent; or has been arrested more than once in the company of a known gang member(s). -Has been stopped in the company of a gang member(s) 4 or more times. -Has gang tattoo’s identified by a reliable informant.	Pass	5:0
5/31/2007	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/30/2007	0	COMMON COUNCIL	ASSIGNED TO

Number
070335
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. ZIELINSKI, BAUMAN, DONOVAN AND BOHL
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 $500 nor more that $5,000.
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, spe...