Chapter 9-38 Riots

9-38-010 Definitions.

9-38-020 Inciting riot prohibited.

9-38-030 Engaging in riot prohibited.

9-38-040 Disobeying public safety order prohibited.

9-38-050 Conviction of violations permitted for current riots only.

9-38-010 Definitions.


For the purposes of this chapter, unless the context otherwise requires, the following words shall have the meanings ascribed to them in this section:
(A) Destructive device means any material, substance, or mechanism capable of being used, either by itself or in combination with any other substance, material, or mechanism, to cause sudden and violent injury, damage, destruction, or death.
(B) Riot means a public disturbance involving an assemblage of five or more persons which, by tumultuous and violent conduct, creates grave danger of damage or injury to property or persons, or substantially obstructs the performance of any governmental function. (Ord. 292 §6(D), 1977)

9-38-020 Inciting riot prohibited.


It is unlawful for any person to incite a riot; provided, however, that this section shall not apply in the event of injury to a person or damage to property, as a result therefrom. A person commits inciting a riot if he or she:
(A) Incites or urges a group of five or more persons to engage in a current or impending riot; or
(B) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot. (Ord. 292 §6(A), 1977)

9-38-030 Engaging in riot prohibited.


It is unlawful for any person to engage in a riot; provided, however, that this section shall not apply if the person employs a deadly weapon or destructive device in the course of rioting. (Ord. 292 §6(B), 1977)

9-38-040 Disobeying public safety order prohibited.


It is unlawful for any person, during a riot or when one is impending, to intentionally disobey a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the police, fire, or military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he or she is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense. (Ord. 292 §6(C), 1977)

9-38-050 Conviction of violations permitted for current riots only.


A person may be convicted of attempt, conspiracy, or solicitation to incite or engage in a riot only if he or she engages in the prohibited conduct with respect to a current or impending riot. (Ord. 292 §6(E), 1977)