Moses Lake approves gang ordinance

City declares gangs a nuisance

MOSES LAKE - The Moses Lake City Council adopted an ordinance allowing the city to take civil action against landlords and tenants who allow gang-related activity to occur at their residences.

The ordinance was passing on the first reading Tuesday and requires a second reading before it's official.

According to the ordinance, criminal street gangs and recurring criminal street-gang activity is declared a nuisance. The city will enforce the ordinance administratively and will issue notices ordering the tenant and the landlord to stop gang activity. If gang activity continues, they are fined $250 per day until the activity subsides.

A criminal street gang is defined as an ongoing group of three or more people who have a common name and an identifying sign or symbol, according to Washington state law. The primary activities of the street gang include repeated criminal offenses. A gang-related offense can be a felony or a misdemeanor offense benefiting and promoting the gang.

Reasons for committing a crime to benefit the gang include to gain admission, increase the gang's size and dominance, to get revenge or retribution for the gang, to obstruct law enforcement and to intimidate witnesses.

The city is able to pass the ordinance due to legislation recently passed into Washington state law.

Police Chief Dean Mitchell said there was a residence in Moses Lake where police responded regularly due to gang activity. There were admitted gang members at the residence, he said.

Mitchell said police used an abatement process at the state level to order the landlord to remove the tenants. Eventually the landlord made the alleged gang members leave the residence, he said.

The alleged gang members moved to a different residence in Moses Lake and code enforcement will continue the removal process if gang activity continues, Mitchell said. Passing the ordinance at the city level speeds the abatement process, he added.

Councilmember James Liebrecht asked if the ordinance is applicable to businesses.

Mitchell said the ordinance only applies to residential situations. Legislation dealing with gang activity concerning businesses is expected to be in effect to help business owners July 1, he said.

The legislation helping business owners who are affected by gang activity allows for more extensive sentences for malicious mischief. Malicious mischief will include more graffiti offenses and business owners can seek restitution easier.

Councilmember Dick Deane motioned to approve the residential gang activity ordinance. Liebrecht seconded the motion and it passed unanimously.