§ 509.08. Riots and unlawful assemblies.

(a)

No person shall incite or participate in any riot, rout or unlawful assembly. For the purposes of this section "riot" mean a public disturbance involving:

(1)

An act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts constitute a clear and present danger of, or result in, damage or injury to the property of any other person or to the person of any other individual; or

(2)

A threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons acting, individually or collectively, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

For the purposes of this section, "incite a riot" means, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written advocacy of ideas or expression of belief not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts. For the purposes of this section, if three or more persons meet for a purpose which, if executed, would make them rioters, and having done nothing, separate without carrying their purpose into effect, it is an unlawful assembly; but if an unlawful assembly moves forward towards the execution of its unlawful design, it become a rout; and if the design is carried into actual execution, it constitutes a riot.

(b)

Riots, routs and unlawful assemblies shall be dispersed forthwith by the City police, and all persons present at the scene of any riot, rout or unlawful assembly shall, upon command of any law enforcement officer to disperse, forthwith obey such command and peacefully disengage themselves from such riot, rout or unlawful assembly and leave the scene thereof, and persons who fail to obey such command shall be subject to immediate arrest.

(Code 1979, §§ 14-1-50, 14-1-51; Code 1991, § 509.08)