(A)
The City of Winner recognizes, supports and protects the right of the people to peaceably assemble in order to communicate their grievances and to petition for redress. This is a cornerstone of the First Amendment and is to be upheld at all times. Still, it is necessary that reasonable, narrowly-tailored restrictions be enacted in order to protect the peace and safety of the public while ensuring that the right of peaceable assembly is also protected.
(B) This section shall apply to all gatherings of persons who seek to assemble together for any lawful purpose, to include the purpose of expressing their public views on any topic of their choosing, within the City of Winner.
(C) Voluntary notification. Any person organizing or participating in such a gathering is requested, but is not required, to notify the Public Safety Commissioner or Chief of Police prior to commencing the activity, advising of the location where they wish to assemble, any movement of the assembly that they anticipate including what route(s) they expect to follow, the person(s) who are organizing the gathering, and the approximate number of participants they anticipate. This prior notice will permit the Winner Police Department to provide reasonable assistance in protecting the safety and security of all protesters and the public.
(D) Location; movement. The gathering of persons and any movements of the gathering shall take place on public property and public rights-of-way, and may not impede or interfere with traffic and pedestrian movement. Open areas of city parks may also be utilized so long as the gathering does not interfere with the use of the parks by others. Private property may not be utilized except with the permission of the property owner or the person in charge of the property. Such gatherings shall not be permitted within the Winner City Cemetery during any official funeral or burial ceremony, in order to protect the peace and solemnity of the cemetery and those using it.
(E) Disorderly assemblies.
(1) Definition. For purposes of this section, a DISORDERLY ASSEMBLY shall mean an assembly of two or more persons who are engaged in conduct which threatens the public peace or safety through fighting or violent or threatening behavior, threatening language, obstructing vehicular or pedestrian traffic, blocking or impeding entrances to buildings or parking areas, or by littering or causing damage to public or private property.
(2) Prohibited. A disorderly assembly of persons is hereby prohibited and the Police Department or any law enforcement officer shall have the authority to disperse those persons and to require them to remove themselves from the place of assembly. Any person participating in a disorderly assembly who fails or refuses to disperse or vacate such place after having been lawfully commanded to do so by a law enforcement officer shall be guilty of disorderly assembly.
(3) Any person who is present but who is not engaged in conduct prohibited by this section is not in violation hereof.
(4) Penalty. Disorderly assembly is a Class 2 misdemeanor and shall be subject to punishment pursuant to § 10.99.
(5) Non-exclusivity. This section shall be supplemental to, and not exclusive of, all other provisions of law regulating a person's conduct.
(Ord. 958, passed 7-6-2020; Ord. 1021, passed 3-7-2022)
Penalty, see § 10.99