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ORD 34364 - Amend municipal code by adding section 25-8, re gang involved crime statistics ;; , , <:�_ oMAHA,n,E ��`,��P�s� Law Department M yj k n Omaha/Douglas Civic Center z } 1819 Famam Street,Suite 804 o�-,: '�.�����:F°' Omaha,Nebraska 68183-0804 A0 N. •k (402)444-5115 4 440 p gttvt4 Telefax(402)444-5125 City of Omaha Herbert M.Fide Hal Daub,Mayor City Attorney CD 'Jr �.! - i7 r,„'-, e` `31 rn " Honorable President and Members of the City Council, The attached Ordinance, dealing with"Gang Involved Crime Statisitcs", is sent to you at the request of Councilmember Herd. Respectfully submitted, gd..-/—.. 77 ,-,ert mg' Date 1 - Assi t City Attorney P:\LAW\5638.SAP 0 • 1 342/d ORDINANCE NO. /, 1 AN'ORDINANCE to amend the Omaha Municipal Code by adding thereto a new Section numbered 2 25-8,entitled "Gang Involved Crime Statistics";to provide for the periodic release of certain • 3 types of crime statistics; to provide for certain definitions, and to provide for the effective 4 date hereof. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 6 • Section 1. The Omaha Municipal code is amended by adding thereto a new section 7 numbered 25-8 which shall read as follows: 8 "Section 25-8 Gang Involved Crime Statistics It is hereby declared the policy of the City of Omaha 9 that certain types of crime statistics called "Gang Involved Crime Statistics, shall be developed by 10 the Police Department of the City of Omaha and are public records and shall be released, in printed 11 form,to the City Council, the Mayor and the general public as provided below: 12 (a) Definitions: 13 Gangs: are defined, for the purpose of this Ordinance, to mean individuals, in groups of 14 three or more, who congregate and band together for violent or other criminal activity. A 15 gang may have: 16 A group name or identifying symbol; 17 A specific territory or area over which they claim control, 18 Distinctive dress or colors of dress and communicate through graffiti and hand 19 signs among other means. 20 Further, Gang members may be identified by,but not limited to,the following: 21 Self proclamation; 22 Association with known or other suspected gang members; 23 Witness testimony or official statements; 24 • Written or electronic correspondence; 25 Paraphernalia or photographs; 26 Distinctive tattoos; 27 Any other indicia of gang membership. 28 Gang Involved Crime Statistics: are defined, for the purpose of this Ordinance,to mean • 29 information generally meeting, the same test criteria applied to the "Crime in the United • ORDINANCE NO. 6 PAGE-2- 1 States Report, Uniform Crime Report, Part 1" commonly referred to as "UCR" data 2 (including all the information or data regarding gang-related crime statistics based on 3 criminal activity including that believed to be such before formal charges are filed and is 4 specifically not just post-conviction or plea based information and specifically includes the 5 data collected for purpose of applying for grants or other outside funding); and shall 6 specifically also include both gang related and gang motivated crimes,violent and otherwise. 7 For the purpose of this ordinance, a gang involved crime includes gang motivated or gang 8 related activities. A gang involved crime shall include circumstances where a gang member 9 or suspected member is involved as a crime suspect, crime victim or any associated 10 involvement with felony or misdemeanor crime or activity. 11 Categories of Gang Statistics: Categories of gang involved (motivated or related) crime 12 statistics to be developed and released, are to be in the aggregate,by category, and shall not 13 disclose personal identifying information such as name, address, license, i.d. or phone 14 numbers or other such personal data. Categories shall include,but not be limited to: 15 Homicide 16 Felony Assault, Drive-by shooting 17 Felony Criminal Mischief- Drive-by destruction of property 18 Felony Assault, all others 19 Robbery 20 Sexual Assault 21 Burglary • 22 Motor Vehicle Theft 23 • Drug Possession or Trafficking 24 •Graffiti or defacing of property 25 Intimidation of witnesses, • 26 and the following statistical gang membership information: 27 Suspected Gang Members (total) 28 Suspected Number of Gangs 29 (b) The regular crime statistics gathered by the Police Department entitled "Crime in the United 30 States Report, Uniform Crime Report Part 1" (also sometimes called "UCR") shall be 31 released to the City Council , the Mayor and the general public semi-annually (March, 32 September), within seven (7) days of when they are forwarded to the Nebraska Crime 33 Commission. ; a .1 - • ORDINANCE NO. (3c0`� PAGE -3- 1 (c) The gang-related crime statistics,herein defined, shall be compiled by the Police Department 2 and released on an annual basis, initially on December 15, 1997 for the reporting period of 3 January to June of 1997, and thereafter within seven (7) days of when the year-end UCR 4 statistics are forwarded to the Nebraska Crime Commission in March of each year, or in 5 whatever month said UCR statistics are routinely released to the Nebraska Crime 6 Commission. 7 (d) This ordinance further requires the Police Department to establish a set of standards for the 8 purpose of gathering the gang statistics,as defined in this ordinance, that are to be reviewed 9 by the Mayor and City Council to coincide with the release of the March statistics. 10 Nothing herein shall be construed to prevent or hinder the police from gathering other types 11 of information about gang members or gang activities." 12 Section 2. That this Ordinance shall be in full force and take effect fifteen(15) days from 13 and after the date of its passage. INTRODUCED BY COUNCILMEMBER �. L 1,, APPRO) ED BY: • 4 1u a Unsigned - I(�IAYOR OF THE CITY OF OMAHA D TE PASSED NOV 1 8 1947 asag7ejz 7--0 ATTEST: getu suing Unsigned C CLERK OFT CITY OF OMAHA 46AT�97 APPROVED AS TO FORM: AS(SIST ATTORNEY DATE P:\CC\7047.SKZ REQUEST TO LAW DEPARTMENT FOR LAW DEPARTMENT USE ONLY LOG BOOK # TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED x" rri ASSIGNED TO DATE: October 14, 1997 ANSWERED/SENT OUT r . rn WITHDRAWN Ef3ce, --0 REQUEST BEING MADE BY: On behalf of Councilmember Cliff Herd w r} w 0 ) Warren We Council Staff Assistant 6298 (Name) (Department) (Phone) TIME LINE (Due Date): Council Agenda of October 21 , 1997 REQUEST FOR: Ordinance — Gang Involved Crime Statistics (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached") Councilmember Herd' requests that the draft of September 4, 1997, with the changes shown on the attachment, be incorporated and placed in final form for the City Council's agenda for October 21 , 1997. Assistant City Attorney Bob Hamer previously wrote the September 4 draft. Mr. Herd requests that the Law Department prepare a cover letter and coordinate as necessary with the Clerk's Office to place this on the October 21 , 1997, Council agenda. INFORMATION ATTACHED: YES X NO NONE AVAILABLE wk c: Councilmembers, City Clerk, Joe Mangiamelli, Acting Police Chief Circo, Council Staff GL� � • • • • AN ORDINANCE to amend the Omaha Municipal Code by adding thereto a new Section numbered 25-8, entitled "Gang Related Involved Crime Statistics"; to provide for the periodic release of certain types of crime statistics; to provide for certain definitions, and to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1 . The Omaha Municipal Code is amended by adding thereto a new section numbered 25-8 which shall read as follows: "Section 25-8 Gang Rclatcd Involved Crime Statistics. It is hereby declared the policy of the City of Omaha that certain types of crime statistics called "Gang Rclatcd Involved Crime Statistics", shall be developed by the Police Department of the City of Omaha, a are public records, and shall be released in printed form to the City Council, the Mayor, and the general public as provided below: (Delete first two sections of paragraph (a) and replace as follows): (a) Definitions: Gangs: are defined, for the purpose of this Ordinance, to mean individuals in groups of three or more who congregate and band together for violent or other criminal activity. A Gang may have: • A group name or identifying symbol; • A specific territory or area which they claim control; • Distinctive dress or colors of dress and communicate through graffiti and hand signs, among other means. Further, Gang members may be identified kM (but are not limited to), the following: • Self-proclamation; • Association with known or suspected gang members; • Witness testimony or official statements; • Written or electronic correspondence; • Paraphernalia or photographs; • Tattoos; • Any other indicia of street gang membership. • Gang Related Involved Crime Statistics: are defined, for the purpose of this Ordinance, to mean information generally meeting the same test criteria applied to the "Crime in the United States Report, Uniform Crime Report, Part 1 " commonly referred to as "UCR" data (including all information or data regarding gang-involved crime statistics based on criminal activity including that believed to be such before formal charges are filed and is specifically not just post-conviction or plea based information and specifically includes the data collected for the purpose of applying for grants or other outside funding); and shall specifically also include gang involved crimes, violent or otherwise. For the purpose of this Ordinance, a gang-involved crime includes gang-motivated or gang-related activities. A gang involved crime shall mean if a gang member or suspected member is involved as a crime suspect, crime victim or any associated involvement with the felony or misdemeanor crime or activity. Categories of Crime Statistics: Categories of gang {elated -involved (motivated or related) crime statistics to be developed and released, are to be in aggregate, by category, and shall not disclose personal identifying information such as name, address, license, i.d. or phone numbers or other such personal data. Categories shall include, but not be limited to: Homicide Felony Assault, Drive-by Shooting Felony Assault, Destruction of Property Felony Assault (All Others) Robbery Sexual Assault Burglary Motor Vehicle Theft Felony Drug Possession (Trafficking) Graffiti Intimidation of Witnesses and the following statistical gang membership information: Suspected Gang Members (Total) Suspected Number of Gangs Estimated Membership per Gang and statistics of the number of drive by :,hooting) • • (b) The regular crime statistics gathered by the Police Department entitled "Crime in the United States Report, Uniform Crime Report Part 1 " (also sometimes called "UCR") shall be released to the City Council, the Mayor, and general public semi-annually (March, September), within seven (7) days of when they are forwarded to the Nebraska Crime Commission. (c) The gang rclatcd -involved (motivated or related) crime statistics, herein defined, shall be compiled by the Police Department and released on an annual basis, initially on Octobcr 31 November 14. 1997, for thc 1996 data, and for the reporting period of January to June of 1997, and thereafter within seven (7) days of when the year- end UCR statistics are forwarded to the Nebraska Crime Commission in March of each year, or in whatever month said UCR statistics are routinely released to the Nebraska Crime Commission. "Nothing herein shall be construed to prevent or hinder the police from gathering other types of information about gang members or gang rclatcd activities." Section 2. That this Ordinance shall be in full force and take effect fiftccn (15) days from and aftcr thc datc of immediately upon its passage. MOTION BY COUNCILMEMBER Lje.„. I hereby move that Council Document No. ,3//6 , Current Series, be amended in the whole by substituting in lieu thereof the attached Ordinance. APPROVED AS TO FORM: ///-7 A IS CITY ATTORNEY DATE P:\LAW\7022.SKZ ORDINANCE NO. As die a4 �/� EP 1 AN ORDINANCE to amend the Omaha Municipal Code by adding thereto a new Section numbered 2 25-8, entitled "Gang Involved Crime Statistics";to provide for the periodic release of certain 3 types of crime statistics; to provide for certain definitions, and to provide for the effective 4 date hereof. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 6 Section 1. The Omaha Municipal code is amended by adding thereto a new section 7 numbered 25-8 which shall read as follows: 8 "Section 25-8 Gang Involved Crime Statistics It is hereby declared the policy of the City of Omaha 9 that certain types of crime statistics called "Gang Involved Crime Statistics, shall be developed by 10 the Police Department of the City of Omaha and are public records and shall be released, in printed 11 form,to the City Council, the Mayor and the general public as provided below: 12 (a) Definitions: 13 Gangs: are defined, for the purpose of this Ordinance, to mean individuals, in groups of 14 three or more, who congregate and band together for violent or other criminal activity. A 15 gang may have: 16 A group name or identifying symbol; 17 A specific territory or area over which they claim control, 18 Distinctive dress or colors of dress and communicate through graffiti and hand 19 signs among other means. 20 Further, Gang members may be identified by, but not limited to, the following: • 21 Self proclamation; 22 Association with known or other suspected gang members; 23 Witness testimony or official statements; 24 Written or electronic correspondence; 25 Paraphernalia or photographs; 26 Distinctive tattoos; 27 Any other indicia of street gang membership. 28 Gang Involved Crime Statistics: are defined, for the purpose of this Ordinance,to mean 29 information generally meeting, the same test criteria applied to the "Crime in the United ORDINANCE NO. PAGE -2- 1 States Report, Uniform Crime Report, Part 1" commonly referred to as "UCR" data 2 (including all the information or data regarding gang-related crime statistics based on 3 criminal activity including that believed to be such before formal charges are filed and is 4 specifically not just post-conviction or plea based information and specifically includes the 5 data collected for purpose of applying for grants or other outside funding); and shall 6 specifically also include both gang related and gang motivated crimes,violent and otherwise. 7 For the purpose of this ordinance, a gang involved crime includes gang motivated or gang 8 related activities. A gang involved crime shall include circumstances where a gang member 9 or suspected member is involved as a crime suspect, crime victim or any associated 10 involvement with felony or misdemeanor crime or activity. 11 Categories of Gang Statistics: Categories of gang involved (motivated or related) crime 12 statistics to be developed and released, are to be in the aggregate, by category, and shall not 13 disclose personal identifying information such as name, address, license, i.d. or phone 14 numbers or other such personal data. Categories shall include, but not be limited to: 15 Homicide 16 Felony Assault, Drive-by shooting 17 Felony Criminal Mischief- Drive-by destruction of property 18 Felony Assault, all others 19 Robbery 20 Sexual Assault 21 Burglary 22 Motor Vehicle Theft 23 Drug Possession or Trafficking 24 Graffiti or defacing of property 25 Intimidation of witnesses, 26 and the following statistical gang membership information: 27 Suspected Gang Members (total) 28 Suspected Number of Gangs 29 (b) The regular crime statistics gathered by the Police Department entitled "Crime in the United 30 States Report, Uniform Crime Report Part 1" (also sometimes called "UCR") shall be 31 released to the City Council , the Mayor and the general public semi-annually (March, 32 September), within seven (7) days of when they are forwarded to the Nebraska Crime 33 Commission. ` ° 1 ORDINANCE NO. PAGE-3- 1 (c) The gang-related crime statistics,herein defined, shall be compiled by the Police Department 2 and released on an annual basis, initially on December 15, 1997 for the reporting period of 3 January to June of 1997, and thereafter within seven (7) days of when the year-end UCR 4 statistics are forwarded to the Nebraska Crime Commission in March of each year, or in 5 whatever month said UCR statistics are routinely released to the Nebraska Crime 6 Commission. 7 (d) This ordinance further requires the Police Department to establish a set of standards for the 8 purpose of gathering the gang statistics, as defined in this ordinance,that are to be reviewed 9 by the Mayor and City Council to coincide with the release of the March statistics. 10 Nothing herein shall be construed to prevent or hinder the police from gathering other types 11 of information about gang members or gang activities." 12 Section 2. That this Ordinance shall be in full force and take effect fifteen 15 days from ( ) 13 and after the date of its passage. INTRODUCED BY COUNCILMEMBER /7 €4 !.. APPROVED BY: MAYOR OF THE CITY OF OMAHA DATE PASSED A 1-1'EST: CITY CLERK OF THE CITY OF OMAHA DATE APPROVED AS TO FORM: A SIST ATTORNEY DATE P:\CC\7047.SKZ . REQUEST TO LAW DEPARTMENT FOR LAW DEPARTMENT USeONLY%0 LOGBOOK # -4 o rt..? TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED ASSIGNED TO R 0) rr7 DATE: November 6, 1997 ANSWERED/SENT OUT '; �; WITHDRAWN w Cr? REQUEST BEING MADE BY: On behalf of Councilmember Cliff Herd Warren , Council Staff Assistant 6298 (Name) (Department) (Phone) TIME LINE (Due Date): Council Agenda of November 18, 1997 REQUEST FOR: Amendment of the Whole - Gang Statistics (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached") Councilmember Cliff Herd requests an Amendment of the Whole be prepared to the Gang Statistics Ordinance which will appear on the City Council Agenda on November 18, 1997. The Law Department shall coordinate as necessary with the Clerk's Office to place this item on the Council agenda. Assistant City Attorney Bob Hamer previously coordinated with Staff on this ordinance, and the changes marked in red on the attached document reflect Councilmember Herd's requested changes. Staff has verbally discussed these changes with Mr. Hamer (see attachment). • • INFORMATION ATTACHED: YES X NO NONE AVAILABLE wk c: Councilmembers, City Clerk, Acting Police Chief Circo, Joe Mangiamelli, Council Staff iv c fk FW Gi c` �: o k \ i it' i , _ t' .\ ,iN r--41 C) ,:z'.9 t \ ....\ t' 14 ; cc.,-.3 ,, T., ,'N \ \ „ m , .2 ,.\ . c'. .... •, __ , , ,.. ,\ , \ A-. N .: :k • • co cn rt * ; A c,,.ks' CsQ "'I2 tas; \ • ct LP61 P. \\a MOTION BY COUNCILMEMBER �,r. L I hereby move that Council Document No. 5//1 , Current Series be amended by deleting the word "street" on page 1, line 27. APPROVED AS TO FORM: _ __ ASSI TY ATTORNEY CC0 as a n rt m Nrt rGr ro n o 0 En CD at. h rt. a' n o � 0 • m + h, 0 A-. tz.1'; rt G ]' G \` a (D n fV U. 5 N 5 It MOTION BY COUNCILMEMBER I hereby move that Council Document No. 3/2/9 , Current Series, be amended as follows: I. Page 3, line 9, add the language: "(d) This ordinance further requires the Police Department to establish a set of standards for the purpose of gathering the gang statistics,as defined in this ordinance, that are to be reviewed by the Mayor and City Council to coincide with the release of the March statistics." II. Renumber the lines accordingly. APPROVED AS TO FORM: ASSIST CI A TORNEY . , . . ,t, „• .. .• . • .....• ....... I.., • , ..,.. ...,.... .,.,. • .. •. .. , , ... . g' 0 CD 5 , i a) C4 p r10-rt °On) t'.1 CD rt. I • (D It ,......ct ,....1 c......; CD .0 0 0, 13 QJ 0. CD • CI) , .....,1(...3 CD rt O (1) rt a., o o" 0 1 - ) I ti c) %-..) c....., j q't$ '• . 0' o a> G , r) I—. 5 . f I .CD 5CD cr '1 m ! v , 1 . , TO7.... -• • - . -..., . ___=.1• .. .: -4. :,-', ', • '- . . : .. -4.F., ...z.._;,0, „_. -••• - • ' ..- .. -_-_,.,-.4- ,----,44z,_ .---,' - i•-, — - . s' • .:, • •0 s.ica . ..., ..:..:.. .. -,,,... . ,, .,„ c ,,... , • /'' t.. ._ _.... . 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