§ 23-20. Same—Dispersal.  


Latest version.
  • (a)

    When any number of persons, whether armed or not, are unlawfully or riotously assembled, the police officials of the city shall go among the persons assembled, or as near to them as safety will permit, and command them, in the name of the state, to immediately disperse. If, upon such command, the persons unlawfully assembled do not disperse immediately, the police officials may use such force as is necessary to disperse them and to arrest those who fail or refuse to disperse. To this end, the police officials of the city may request and use the assistance and services of private citizens.

    (b)

    Every endeavor must be used, both by the police officers and by the officer commanding any other force, which can be made consistently with the preservation of life, to induce or force persons unlawfully assembled to disperse before an attack is made upon such persons by which their lives may be endangered.

    (c)

    No liability, criminal or civil, shall be imposed upon any person authorized to disperse or assist in dispersing a riot or unlawful assembly for any action of such person which was taken after those rioting or unlawfully assembled had been commanded to disperse, and which action was reasonably necessary, under all the circumstances, to disperse such riot or unlawful assembly or to arrest those who failed or refused to disperse.

    State Law reference— Similar provisions, Code of Virginia, §§ 18.2-411, 18.2-412.

State law reference

Similar provisions, Code of Virginia, §§ 18.2-411, 18.2-412.