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(a) Where five or more persons are participating in a course of disorderly conduct in violation of Section 909.03, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance or alarm, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order.
(b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
(c) (1) Whoever violates this section is guilty of failure to disperse.
(2) Except as otherwise provided in subsection (c)(3) hereof, failure to disperse is a minor misdemeanor.
(3) Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in subsection (a) hereof, creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.