Laserfiche WebLink
§ 16-4 MARTINSVILLE CODE <br /> <br />Sec. 16-4. Method of dispersal. <br /> <br /> (a) When any number of :persons, whether armed or not, are unlawfully or riotously <br />assembled, the police officials of the city shall go among the persons assembled, or as near to <br />them as safety will permit, and command them, in the name of the state, to immediately <br />disperse. If, upon such command, the persons unlawfully assembled do not disperse immedi- <br />ately, the police officials may use such force as is necessary to disperse them and to arrest <br />those who fail or refuse to disperse. To this end, the police officials of the city may request and <br />use the assistance and services of private citizens. <br /> <br /> (b) Every endeavor must be used, both by the police officers and by the officer command- <br />ing any other force, which can be made consistently with the preservation of life, to induce or <br />force persons unlawfully assembled to disperse before an attack is made upon such persons by <br />which their lives may be endangered. <br /> State law reference--Similar provisions, Code of Virginia, § 18.2-411. <br /> <br />Sec. 16-5. Immunity of dispersing officers. <br /> <br /> No liability, criminal or civil shall be imposed upon any person authorized to disperse or <br />assist in dispersing a riot or unlawful assembly, for any action of such person which was taken <br />after those rioting or unlawfully assembled had been commanded to disperse, and which <br />action was reasonably necessary, under all the circumstances, to disperse such riot or unlawful <br />assembly or to arrest those who failed or refused to disperse. <br /> State law reference--Similar provisions, Code of Virginia, § 18.2-412. <br /> <br />962 <br /> <br />[The next page is 1013] <br /> <br /> <br />