§ 22-48. Unlawful assembly; remaining at an unlawful assembly.

(a)

Unlawful assembly is:

(1)

The meeting or coming together of not less than five persons with the intent to engage in conduct constituting:

(A)

Disorderly conduct, as defined by section 22-47 of the Code of Ordinances of the City of Manhattan, Kansas; or

(B)

Riot, as defined by section 22-50 of the Code of Ordinances of the City of Manhattan, Kansas; or

(C)

A loud, disturbing noise, as defined by section 22-54 of the Code of Ordinances of the City of Manhattan, Kansas.

(2)

When a lawful assembly of not less than five persons, agreeing to engage in conduct constituting disorderly conduct or riot.

(3)

The meeting or coming together of five or more persons on residential property that results in any of the following occurring at the site of the gathering, on neighboring property, or on an adjacent public street:

(A)

Unlawful sale, furnishing, possession or consumption of alcoholic beverages, as defined by chapter 4 of the Code of Ordinances;

(B)

Disorderly conduct or battery;

(C)

Criminal damage to property; or

(D)

Unlawful use or unlawful possession of marijuana, any drug or any controlled substance.

(b)

A law enforcement officer has authority to require persons to depart from the place of an unlawful assembly. Remaining at an unlawful assembly is intentionally failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer.

(c)

It shall be unlawful to commit the offense of unlawful assembly or remaining at an unlawful assembly.

(Code 1973, § 14-303; Ord. No. 3558, § 6, 1-3-78; Ord. No. 4111, § 1, 1-3-84; Ord. No. 6309, § 4, 12-2-02; Ord. No. 6813, § 1, 2-16-10; Ord. No. 7333, § 13, 12-19-17; Ord. No. 7388, § 1, 12-4-18)

State law reference

Similar provisions, K.S.A. 21-4102.