Montebello, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Municipal Code § 9.18.010
- Applies to
- Criminal street gang members and associates
- Prohibited intent
- Territory marking or concealing drug activity
- Public place includes
- Private front yards, driveways, walkways
- Adopted by
- Ordinance 2226, 2001
Summary
In the City of Montebello, Chapter 9.18 makes it unlawful for a member of a criminal street gang, or anyone acting with one, to loiter or idle in a public place to mark gang territory or to conceal drug dealing, with public place defined broadly to include front yards and driveways of private homes and businesses.
A.It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in California Penal Code Section 186.22(f) or who is in the company of or acting in concert with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in subsection B of this section, under any of the following circumstances:1.With the intent to publicize a criminal street gang's dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area;2.With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. B.For purposes of this chapter, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building . ... Any " ... public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.
Full Breakdown
Section 9.18.010 targets loitering tied specifically to criminal street gang activity rather than loitering in general. It applies to any person who is a member of a criminal street gang as defined in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with such a member, and prohibits loitering or idling in a public place under two circumstances: with the intent to publicize the gang's dominance over territory in order to intimidate nonmembers from entering, remaining in, or using the area, or with the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
The chapter's definition of public place, in subsection B, sweeps in the public way and any location open to the public whether publicly or privately owned, listing streets, sidewalks, alleys, parks, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, and shops open to the public, and it goes further than most public-place definitions by expressly including the front yard, driveway, and walkway of any private residence, business, or apartment house. Section 9.18.020 clarifies that the chapter does not limit a law enforcement officer's existing power to investigate, detain, or arrest independent of this ordinance, meaning the Montebello Police Department can rely on other Penal Code authority alongside this local provision.
The chapter, adopted by Ordinance 2226 in 2001, gives officers a targeted tool for gang-territory marking and street-level drug activity distinct from the city's separate daytime-loitering-by-minors and curfew provisions in Chapter 9.16.
Violations & Fines
A violation is enforced as a criminal offense tied to the gang-loitering conduct described in Section 9.18.010, and officers retain full authority under Section 9.18.020 to investigate, detain, or arrest independent of this chapter, meaning charges can also proceed under state Penal Code gang provisions such as Section 186.22(f).
Frequently Asked Questions
Can Montebello police cite someone for loitering just for standing on a street corner?
Does the gang loitering rule apply to private property in Montebello?
Does this ordinance replace normal police powers to investigate suspected gang members?
Sources & Official References
Other rules in Montebello
California rules heatmap·Compare Montebello to another location·View the California public conduct overview
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