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R07-040 1 RESOLUTION NO. 07- D4 0 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, ADDRESSING THE PRESENCE OF 5 CRIMINAL STREET GANGS IN THE CITY AND THE SURROUNDING 6 COMMUNITIES AND EST ABLISHING THE NEED TO DETER 7 CRIMINAL GANG ACTIVITY THROUGH PROACTIVE LAW 8 ENFORCEMENT AND LEGAL ACTION; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach finds and declares 12 that it is the right of every person to be secure and protected from fear, intimidation, and 13 physical harm caused by the activities of criminal street gangs; and 14 WHEREAS, there is a mounting crisis caused by criminal street gangs whose 15 members threaten and terrorize peaceful citizens and commit a multitude of crimes within the 16 City of Boynton Beach and the surrounding communities; and 17 WHEREAS, the City Commission of the City of Boynton Beach desires to eradicate 18 the terror created by criminal street gangs and their members; and 19 WHEREAS, the City Commission of the City of Boynton Beach recognizes the 20 constitutional right of every citizen to harbor and express beliefs on any lawful subject 21 whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully 22 constituted authority for a redress of perceived grievances, and to participate in the electoral 23 process; and 24 WHEREAS, the City has a compelling interest in preventing criminal gang activity, 25 and the City Commission finds that the provisions of this Resolution are necessary to 26 maintain the public order and safety. 27 WHEREAS, it is not the intent of the City Commission of the City of Boynton Beach Page 1 of 6 JAC:JVA 3-29-07 S :\CA \RESO\Anti-gang.doc 1 to interfere with the exercise of the constitutionally protected rights of freedom of expression 2 and association; and 3 WHEREAS, Section 856.021 of the Florida Statutes, makes it unlawful for any 4 person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding 5 individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate 6 concern for the safety of persons or property in the vicinity and any person found violating 7 this section shall be guilty of a misdemeanor of the second degree as punishable in Fla. Stat. 8 ~~775.082 or 775.083; and 9 WHEREAS, Chapter 874 of the Florida Statutes, known as the "Criminal Street Gang 10 Prevention Act of 1996," was enacted with the intent to eradicate the terror created by 11 criminal street gangs and their members by providing enhanced penalties and by eliminating 12 the patterns, profits, proceeds, instrumentalities, and property facilitating criminal street gang 13 activity, including criminal street gang recruitment; and 14 WHEREAS, Fla. Stat. 874.06 gives the City Attorney the authority to enJom 15 coercion, intimidation, threats, or other harm by criminal street gang members within the City 16 by bringing civil actions to seek an injunctions, or any other appropriate relief in law or 17 equity; and 18 WHEREAS, the City Commission of the City of Boynton Beach recognizes Florida's 19 House of Representatives Bill No. 1363 (2007) relating to Organized Criminal Activity and 20 hereby expresses support for the Bill. 21 WHEREAS, the City Commission of the City of Boynton Beach finds that it is in the 22 best interest of the health, safety, and welfare of the City, its residents, businesses, and visitors Page 2 of 6 JAC:JVA 3-29-07 S:\CA \RESO\Anti-gang .doc 1 to adopt this resolution; and 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 3 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 4 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 5 as being true and correct, and are hereby incorporated herein and made a part hereof. 6 SECTION 2. Definitions. 7 As used in this Resolution: 8 (1) "Criminal street gang" means a formal or informal ongoing organization, 9 association, or group that has as one of its primary activities the commission of criminal or 10 delinquent acts, and that consists of three or more persons who have a common name or 11 common identifying signs, colors, or symbols and have two or more members who, 12 individually or collectively, engage in or have engaged in a pattern of criminal street gang 13 activity. 14 (2) "Criminal street gang member" is a person who is a member of an Criminal 15 street gang as defined in subsection (1) and who meets two or more of the following criteria: 16 a) Admits to criminal street gang membership. 17 (b) Is identified as a criminal street gang by a parent or guardian. 18 (c) Is identified as a criminal street gang member by a documented 19 reliable informant. 20 (d) Resides in or frequents a particular criminal street gang's area and 21 adopts their style of dress, their use of hand signs, or their tattoos, and 22 associates with known criminal street gang members. Page 3 of 6 JAC:JV A 3-29-07 S :\CA \RESO\Anti-gang.doc 1 ( e) Is identified as a criminal street gang member by an informant of 2 previously untested reliability and such identification is corroborated by 3 independent information. 4 (f) Has been arrested more than once in the company of identified 5 criminal street gang for offenses that are consistent with usual criminal street 6 gang activity. 7 (g) Is identified as a criminal street gang member by physical evidence 8 such as photographs or other documentation. 9 (h) Has been stopped in the company of known criminal street gang 10 members four or more times. 11 (3) "Pattern of criminal street gang activity" means the commISSIon or 12 attempted commission of, or solicitation or conspiracy to commit, two or more felony 13 or three or more misdemeanor offenses, or one felony and two misdemeanor offenses, 14 or the comparable number of delinquent acts or violations of law which would be 15 felonies or misdemeanors if committed by an adult, on separate occasions within a 3- 16 year period. 17 SECTION 3. The City Commission hereby directs its contract lobbyist to advocate 18 for the passage of Florida's House of Representatives Bill No. 1363 (2007) relating to 19 Organized Criminal Activity through the State Legislature and advocate for the inclusion of 20 additional provisions to assist local governments and law enforcement in combating gang 21 activity. 22 SECTION 4. The City Commission hereby directs the City's Police Department to Page 4 of 6 JAC:JVA 3-29-07 S :\CA \RESO\Anti-gang.doc II 1 strictly enforce the State of Florida's Loitering and Prowling Statute, Fla. Stat. 9856.021, or 2 any subsequent versions of such statute, and exercise all the authority and powers granted to it 3 by the Florida Statutes. 4 SECTION 5. The City Commission hereby directs the City's Police Department to 5 strictly enforce Chapter 874 of the Florida Statutes, known as the "Criminal Street Gang 6 Prevention Act of 1996," or any subsequent versions of such statute. 7 SECTION 6. The City Commission hereby directs the City Attorney's Office to 8 continue to monitor gang enforcement regulations at the local, state and national levels and 9 make recommendation for the adoption of a City Ordinance when there is a reasonable 10 certainty that such Ordinance will survive constitutional challenge. 11 SECTION 7. The City Commission hereby directs the City Attorney's Office to 12 make an appearance at, or properly communicate, with the Court and the Attorney General, or 13 the State Attorney's Office, the City's interest in the prosecution of known criminal street 14 gang members so the court can be cognizant of the City's interest in the imposition of stricter 15 sentences and/or penalties. The City Attorney is further authorized to initiate any nuisance 16 abatement or injunctive action reasonable calculated to inhibit criminal gang activity. 17 SECTION 8. The City Manager is directed to continue his leadership role with other 18 representatives of local government to advocate a cooperative governmental effort to stem the 19 proliferation of criminal gang activity in Palm Beach County. The City Manager is further 20 directed to identify and aggressively pursue available grant funds to fund the City's efforts to 21 eradicate criminal gang activity. JAC:JVA 3-29-07 S:\CA \RESO\Anti-gang .doc Page 5 of 6 1 SECTION 9. If any clause, section, or other part or application of this Resolution is 2 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or 3 application, such unconstitutional or invalid part or application shall be considered as eliminated 4 and so not affecting the validity of the remaining portions or applications remaining in full force 5 and effect. 6 SECTION 10. This Resolution shall become effective immediately upon its passage and 7 adoption. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 27 28 29 PASSED AND ADOPTED this .3 day of April, 2007. CITY OF BOYNTON BEACH, FLORIDA ;::iiJ:~ /1 ,.' -''''~. Page 6 of 6 JAC:JVA 3-29-07 S:\CA \RESO\Anti-gang.doc