A. A person is guilty of failure to disperse when he remains at the scene of a riot, disorderly conduct, or an unlawful assembly after having been ordered to disperse by a peace officer.

B. This section shall not apply to a person who attempted to but was unable to leave the scene of the riot or unlawful assembly.

C. Failure to disperse is a class C misdemeanor. (Code 1975 § 13-914)