19860325 1986-12ORDINANCE NO. 1986-12
AN ORDINANCE ADDING SECTION 14-10.1 TO THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA TO PRESCRIBE THE MANNER OF
DISPERSING AN UNLAWFUL ASSEMBLY OR RIOT AND TO PROVIDE
IMMUNITY FOR CERTAIN INDIVIDUALS.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that Section 14-10.1 be and hereby is hereby added to
the Code of the City of Fairfax, Virginia to read in its entirety
as follows:
"Section 14-10.1 Dispersal of unlawful or riotous
assembly and immunity.
When any number of persons, whether armed or not,
are unlawfully or riotously assembled, the sheriff of
the county and his deputies, the police officials of
the county, city or town, and any assigned militia, or
any of them shall go among the persons assembled or as
near to them as safety will permit and command them in
the name of the State immediately to disperse. If upon
such command the persons unlawfully assembled do not
disperse immediately, such sheriff, officer or militia
may use such force as is reasonably necessary to
disperse them and to arrest those who fail or refuse to
disperse. To accomplish this end, the sheriff or other
law-enforcement officer may request and use the assis-
tance and services of private citizens. Every endeavor
shall be used, both by such sheriff or other officers
and by the officer commanding any other force, which
can be made consistently with the preservation of life,
to induce or force those unlawfully assembled to
disperse before an attack is made upon those unlawfully
assembled by which their lives may be endangered. 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 circum-
stances to disperse such riot or unlawful assembly or
to arrest those who failed or refused to disperse."
This ordinance shall become effective immediately upon its
execution by the Mayor.
INTRODUCED: March 11, 1986
PUBLIC HEARING BEFORE CITY COUNCIL: March 25, 1986
March 25, 1986
ADOPTED:
ATTEST:
CU~ C~erk
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