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HomeMy WebLinkAboutOrdinance No. 570r ORDINANCE No. 570 BEING AN ORDINANCE DEFINING "RIOT", DECLARING THE SAME A CRIME AGAINST THE PEACE OF THE CITY OF LAUREL, PROVIDING FOR THE SUPRESSION THEREOF BY AUTHORIZED OFFICERS, PROVIDING PENALTIES FOR RIOTING AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA: r Section 1. RIOT DEFINED. Any use of force or violence, disturbing the public peace, or any threats to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot. Any person who unlawfully participates therein is a rioter. Section 2. Whenever two or more persons assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such persons shall be punishable under this Ordinance as rioters. Section 3. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or to do a lawful act in a violent, boisterous or tumultuous manner such assembly is an unlawful assembly and may be dispersed. Section 4. Every person remaining present at the place of any riot or unlawful assembly, after they have been lawfully warned to dis- perse, except city officials, police officers, fire department members and persons assisting them, attempting to disperse the same, shall be guilty of violation of this Ordinance. Section 5. Where any number of persons, whither armed or not, are unlawfully or riotously assembled, the Chief of Police, the police, fire department members, or the officials governing the said City of Laurel, must go among the persons assembled, or as near to them as possible, and command them, in the name of the City, to immediately disperse. Section 6. If the persons assembled do not immediately -1- disperse, such authorized officers, city officials or fire department members must arrest them, and to that end may command the aid of all persons present or within the City, and in making such arrest or arrests, the authorized officers, city officials or fire department members shall use such force as is reason- ably necessary in making the arrest and that all persons assisting at the command of the authorized officers, city officials or fire department members shall likewise be authorized to use the same degree of force. Section 7. Every endeavor must be used by the officers, city officials, or fire department members authorized to make arrests in riots or riotous assembly within the City to induce or force the rioters to disperse before an attack is made upon them by which their lives are endangered, and that no officer, city official, fire department member or persons assisting shall fire upon such assembly of rioters unless he or the others are threatened by the imminence of great bodily harm or death at the hands of such rioters. Section 8. Any able-bodied male citizen who on command of the Chief of Police of the City, or other officers, city officials or fire depart- ment members authorized to disperse unlawful assemblies or riots in the City of Laurel, shall fail or refuse to assist in the suppression of unlawful assemblies or riots, without lawful excuse, shall be guilty of a violation of this Ordinance. Section 9. Every person who participates in any riot or Dollars ($300. 00), or by imprisonment not exceeding ninety (90) days, or by both. Section 10. It appearing that the peace, quiet and safety unlawful assembly or who otherwise violates the provisions of this Ordinance shall be punishable by a fine of not exceeding Three Hundred and no/100 of the City of Laurel, Montana, and its inhabitants is involved, an emergency is hereby declared and this Ordinance shall take effect from and after date of its passage and approval. -2- Passed and approved this ATTEST: City Clerk. -3- day of May, 1965. Mayor