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HomeMy WebLinkAbout111-99 OF ECEOVE f M AY 1 7 1998 THE TOWN OF CICERO STATE OF ILLINOIS 4937 WEST 25TH STREET CICERO,ILLINOIS 60650 (708)656-3600 Office of the PRESIDENT BETTY LOREN-MALTESE May 5, 1999 Honorable Kevin Kelly City of Elgin 150 Dexter Ct. Elgin,I160120 Dear Mayor Kelly: The Board of Trustees of the Town of Cicero enacted an ordinance establishing "Gang Free Zones" on April 27, 1999, an ordinance which sets criteria for identifying gang members, establishes procedures for administrative hearings which can result in the revocation of gang member residency and creates penalties for non-compliance. A copy of our "Gang Free Zone" ordinance and a related ordinance allowing the seizure and impoundment of gang members'vehicles are enclosed. Within ten days,we will be following the lead of San Diego by filing a motion for injunctive relief to prevent gang members from congregating within a certain section of our town. We also intend to file a suit seeking punitive damages from the gangs for the violation of the civil rights of the citizens of Cicero. As with many municipal officials,we are frustrated in our attempts to combat gang influence and the violence and drug abuse it brings into our communities. We have initiated many innovative youth oriented activities through our schools, park districts and Youth Commission as preventive measures. We have enacted anti-gang ordinances establishing curfews and parental responsibility while banning cruising and graffiti in order to clamp down on gang member's activities. Unfortunately,our efforts and the efforts of our police department are still not enough. We have taken the serious step of revoking the residency of active gang members in response to the serious threat gangs pose to the future of our community. As expected,the American Civil Liberties Union(ACLU)announced its intention to combat this ordinance as unconstitutional,even though constitutional residency restrictions currently exist for convicted criminals(i.e. -sex offenders,domestic abusers). The ordinance provides accused gang members with due process. We are seeking the support of communities who are experiencing similar problems with gangs or expect to in the near future. Many officials have already requested a copy of our "Gang Free Zone" ordinances. I am requesting a resolution in support of our"Gang Free Zone" ordinance from your municipal board and I would greatly appreciate receiving a copy of your resolution after passage. We intend to win our fight, and when we do. every Illinois town will enact "Gang Free Zone" ordinances to help remove the blight of gang crime from society and to prevent gang members from residing in their communities. Sincerely, i Betty oren-Maltese Cicero Town President Ordinance No. AN ORDINANCE PROVIDING FOR THE ENFORCEVENT OF GANG FREE ZONES IN THE TOWN OF CICERO WHEREAS, consistent with 740 ILCS 147/1, the Board of Trustees (the "Board") hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex age or disability; to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this Act to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The Board hereby recognizes the constitutional right of every citizen to harbor and express belief on any lawful subject whatsoever,to lawfully associate with others who share similar beliefs to petition lawfully constituted authority for a redress of perceived grievances and to participate in the electoral process; and WHEREAS, the Board finds, however, neighborhoods and schools throughout the Town are being terrorized and plundered by street gangs. The Board finds that there are numerous street gangs operating in Town limits; and WHEREAS,these street gangs' activities present a clear and present danger to public order and safety and are not constitutionally protected. No society is or should be required to endure such activities without redress. Accordingly, it is the intent of the Board in enacting this ordinance to create a civil remedy against street gangs and their members that focuses upon patterns of criminal gang activities and upon the organized nature of street gangs, which together have been the chief source of their success; and WHEREAS,Illinois Law(65 ILCS 5/11-1-1),delegates to municipalities the right to pass and enforce all necessary police ordinances; and 1 WHEREAS,the proposition shall this precinct be designated as a gang free zone was presented to the voters of each precinct of the Town; and WHEREAS, the Town President and Board of Trustees believe it is in the best interest of the health, safety and welfare of the residents of the Town of Cicero to enforce the citizens' desire to be free of gangs in their neighborhood and to live in a gang free zone; NOW THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Town of Cicero pursuant to their home rule powers, as follows: Section 1. That Chapter 25 of the Cicero Code of Ordinances be and the same is hereby amended by adding thereto the following new sections: 25-300(a) Gang Free Zone. -Identifying gang members, filing the complaint, service and hearings. WHERE A PRECINCT IN THE TOWN OF CICERO HAS VOTED TO MAKE THAT PRECINCT A GANG FREE ZONE, THE FOLLOWING PROCEDURES SHALL BE IN EFFECT: A. THE SUPERINTENDENT OF POLICE shall file a request for hearing under this act with the Town Attorney. B. The request shall identify the street gang member,the name of the street gang(if applicable), and evidence that said street gang member engaged in gang-related criminal activity in the community which presents a clear and present danger to the public order and safety. 2 C. Based upon the request by the Superintendent of Police, the Town Attorney shall draft a complaint which seeks that the accused be ordered to no longer reside in the gang free zone. The complaint shall identify the street gang member, the name of the street gang (if applicable), and evidence that said street gang member engaged in gang-related criminal activity in the community which presents a clear and present danger to the public order and safety. D. The complaint shall set forth the factual basis for the charge that the person named in the complaint is an active street gang member involved in street gang related activity and shall set forth a date for hearing on the complaint. The accused shall be served with a copy of the complaint. E. The hearing on the complaint shall be conducted by a hearing officer appointed by the Town Board of Trustees. The formal rules of evidence shall not apply and hearsay shall be admissible. The accused has a right to discovery and to be represented by an attorney. F. The Town shall have the burden or proof by a preponderance of the evidence that the accused is a gang member actively involved in street gang related activity. G. If the hearing officer finds that the accused is a gang member and has engaged in gang-related criminal activity in the community which presents a clear and present danger to the public order and safety, the accused shall be ordered to vacate his residence in the gang-free zone forthwith. The Superintendent of Police shall enforce the order. H. Where an accused gang member agrees to cease active participation in illegal gang activity, the hearing officer shall grant a period of up to one (1) year probation, where the accused gang member may continue to reside in the gang free zone as long as the accused no longer participates in gang activities. Upon the successful completion of probation, the complaint shall be dismissed. I. Where an accused is sixteen (16) years of age or younger, the parents, parent or legal guardian of the accused gang member may agree that the accused will cease all participation in gang activity. Where the parent, parents or legal guardian of the accused agrees that the accused shall cease gang activity, the accused shall be granted a period of probation, where the accused gang member may continue to resruc in the gang free zone as long as the accused no longer participates in gang activity. Upon the successful completion of probation, the complaint shall be dismissed. I Where the accused files an appeal of the order to vacate the residence in the Circuit Court of Cook County, the order to vacate the residence shall be automatically stayed during the pendency of the action in the Circuit Court or any appeal thereof. 25-300(b) -Definitions: "Street gang", "gang", "organized gang", "criminal street gang" means any combination, confederation,alliance,network,conspiracy,understanding,or other similar conjoining,in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity, without regard to any name or title taken by the group. For purposes of this Act, it shall not be necessary to show that a particular conspiracy, combination, or conjoining of persons possesses, acknowledges, or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty,membership,age,or other qualifications,initiation rites,geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or 4 indicating membership when the conspiracy's existence, in law or in fact,can be demonstrated by a preponderance of other competent evidence. However,any evidence reasonably ending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this Act. "Street gang member" or"gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to,or is legally accountable for, or voluntarily associates himself with a course or pattern of gang- related criminal activity whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity. "Street gang-related" or "gang-related" means any criminal activity, enterprise, pursuit, or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer, or governing or policy-making person or authority, or by any agent representative, or deputy of any such officer, person or authority: (1) with the intent to increase the gang's size,membership,prestige, dominance, or control in any geographical area; or (2) with the intent to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery, or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards;traffic in prostitution,obscenity,orpornography;orthat involves robbery,burglary, or theft; or (3) with the intent to exact revenge or retribution for the gang or any member of the gang; or (4) with the intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or (5) with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang,its reputation,influence,or membership. 25-300(x)-Penalty: A. The failure of an accused to comply with an order to vacate his residence in a gang free zone shall be punishable by a five hundred dollar(5500.00)per day fine. B. Any person who is ordered to vacate his residence in a gang free zone and who subsequently enters or stays within a gang free zone shall be fined five hundred dollars (5500.00). Each day that the person ordered to vacate his residence fails to do so shall constitute a separate violation for purposes of this section. C. Seizure of vehicle -In addition to all penalties or remedies provided for in this section, whenever a motor vehicle or other mode of transportation is used with the knowledge of the owner of record in violation of this section, the vehicle is subject to seizure and impoundment and the owner shall be liable to the town for a penalty of five hundred dollars (5500.00) in addition to the fees for towing and storage of the vehicle. The procedures for seizure and impoundment shall be as set forth in paragraph(d)of section 25-200 of this chapter of the Cicero Code of Ordinances. Section 2. Ordinances Repealed. 6 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Savings Clause. This ordinance shall not affect suits pending or rights existing at the time this ordinance takes effect but such suits and rights shall continue in force to the same extent and with Iike effect as if this ordinance be taken,construed or held to avoid or impair any cause of action now existing under any ordinance of the Town of Cicero, or any amendment thereto, but as to any consideration of action now existing, such ordinance and amendment thereto, shall be continued in full force and effect. Section 4. Effective Date. This ordinance shall take effect upon its passage and approval. Betty L en-Maltese, President -Town of Cicero ATTEST: Marylin Colpo T wn Clerk Date of Passage: Date of Publication: tir.r Liw 7