[R.O. 2005 §18-21; CC 1997 §18-21; Ord. No. 3412, 4-3-2019]
A. A person
commits the offense of Failure to Comply with Order of a Police Officer
if he or she:
1. Fails to comply with the lawful order or request of a Police Officer
in the discharge of the officer's official duties where such failure
interfered with, obstructed or hindered the Police Officer in the
performance of such duties; or
2. Fails to identify himself or herself by name upon request when lawfully
detained by a Police Officer, provided, however, that the person may
not be compelled to answer any other inquiry of the Police Officer;
or
3. Knowingly falsifies, conceals or covers up by any trick, scheme or
device, a material fact, makes any materially false, fictitious or
fraudulent statement or representation, or makes or uses any false
writing or document knowing the same to contain any materially false,
fictitious or fraudulent statement or entry.
A person commits the offense of refusal to identify as a witness
if, knowing he/she has witnessed any portion of a crime, or of any
other incident resulting in physical injury or substantial property
damage, upon demand by a Law Enforcement Officer engaged in the performance
of his/her official duties, he/she refuses to report or gives a false
report of his/her name and present address to such officer.
A person commits the offense of disturbing a judicial proceeding
if, with purpose to intimidate a judge, attorney, juror, party or
witness and thereby to influence a judicial proceeding, he/she disrupts
or disturbs a judicial proceeding by participating in an assembly
and calling aloud, shouting, or holding or displaying a placard or
sign containing written or printed matter concerning the conduct of
the judicial proceeding or the character of a judge, attorney, juror,
party or witness engaged in such proceeding, or calling for or demanding
any specified action or determination by such judge, attorney, juror,
party or witness in connection with such proceeding.
A person commits the offense of improper communication if he/she
communicates, directly or indirectly, with any juror, special master,
referee or arbitrator in a judicial proceeding, other than as part
of the proceedings in a case, for the purpose of influencing the official
action of such person.
[R.O. 2005 §18-22; Ord. No. 2290 §1, 11-18-1998; Ord. No. 2416 §1, 1-17-2001]
A. Definitions. For the purposes of this Section, the following
words have the meanings respectively ascribed to them in this Section,
except where the context clearly indicates a different meaning:
ALARM USER
Any individual, partnership, corporation or other form of
association that owns or leases a security alarm system or on whose
premises a security alarm system is maintained for the protection
of the premises.
AUTOMATIC DIALING TELEPHONE ALARM
A security alarm system with a device that automatically
dials the Police Department emergency assistance telephone lines without
human activation of the device by the alarm user.
CHIEF OF POLICE
The Chief of Police of the City of Ellisville and the Chief's
designee.
DISPATCH OR RESPONSE
A discretionary decision whether to direct Police units to
a location where there has been a request, made by whatever means,
for Police assistance or investigation. There is no duty to dispatch
under any circumstances, including to answer an alarm signal, and
all dispatch decisions are made subject to competing priorities and
available Police resources.
FALSE ALARM
An alarm signal eliciting notification to and a response
by the Police when there is no evidence of a crime or other activity
that warrants a call for immediate Police assistance and no person
who was on or near the property or has viewed a video communication
from the property called for the Police dispatch or confirmed the
need for Police assistance. "False alarm" does not
include an alarm signal caused by violent conditions of nature or
other extraordinary circumstances beyond the control of the alarm
user.
SECURITY ALARM SYSTEM
Any system, device or mechanism for the detection and reporting
of any unauthorized entry or attempted entry or property damage upon
premises protected by the system that may be activated by sensors
or other techniques and, when activated, automatically transmits a
telephone message or emits an audible, visible or electronic signal
that can be heard, seen or received by persons outside of the protected
premises and is intended to summon Police assistance.
B. Audible Alarm Standards. A security alarm system that emits
an audible signal that may be heard outside of the protected premises
shall conform to the following requirements:
1. Audible alarms shall automatically discontinue emitting the audible
sound within ten (10) minutes after activation of the alarm; and
2. With respect to security alarm systems in existence prior to the
enactment of this Section that do not comply with Subparagraph (B)(1)
above, the alarm user shall have ninety (90) days from the enactment
of the ordinance in which to make the necessary modifications to the
alarm system in order to comply with the requirement.
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It is a defense to a violation of this Subsection that the continuous
sounding of the alarm:
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a. Assisted in saving a life or avoiding injury; or
b. Was caused by a malfunction of the alarm system equipment without
the alarm user's prior knowledge of the cause of the malfunction;
or
c. Was activated by an unauthorized entry or criminal activity.
C. Automatic Dialing Telephone Systems Prohibited. It shall
be unlawful for any individual, partnership, corporation or other
form of association to sell, offer for sale, install, maintain, operate
or assist in the operation of any alarm system with an automatic dialing
or digital alarm communicator feature that automatically calls the
Police in the event of an alarm.
D. Alarm Users. An alarm user shall:
1. Maintain the premises and security alarm system in a manner that
will minimize or eliminate false alarms;
2. Review all alarm system operating instructions, including those for
verification of an alarm;
3. Notify the alarm system monitoring company of a false alarm activation
as soon as the user is aware of the false alarm; and
4. Not manually activate an alarm except when needing an immediate Police
response to an emergency.
E. Determination Of False Alarm—Rebuttable Presumption. For the purposes of this Section, there is a rebuttable presumption
that the following determinations made by the Chief of Police or by
a Police Officer dispatched to the premises reporting an alarm signal
are correct:
1. There is no evidence of a crime or other activity that would warrant
a call for immediate Police assistance at the premises;
2. No individual who was on or near the premises or who has viewed a
video communication from the premises called for a Police dispatch
or verified a need for an immediate Police response; and
3. There is no evidence that violent conditions of nature or other extraordinary
circumstances beyond the control of the alarm user caused the activation
of the alarm.
F. Violations And Penalties. Upon the determination by the
Police Department that there has been a violation of the audible alarm
standard and/or a false alarm has occurred, the Municipal Court shall
send a notice to the alarm user notifying the alarm user of the determination
and directing payment of the following fines within thirty (30) days.
1. The sounding of an audible signal from a security alarm system that
can be heard continuously off the premises for more than ten (10)
minutes is a civil infraction and the alarm user, in addition to any
other penalties specified herein, shall be penalized by a fine of
fifty dollars ($50.00) for each offense, excluding the alarm user's
first (1st) and second (2nd) violations per calendar year.
2. A false alarm is a civil infraction and the alarm system user shall
be penalized by a fine of fifty dollars ($50.00) for each offense,
excluding the alarm user's first (1st) and second (2nd) violations
per calendar year.
3. Failure to respond to an audible signal violation notice and/or false
alarm violation notice shall be a civil infraction and punishable
by a fine of up to fifty dollars ($50.00), excluding the alarm user's
first (1st) and second (2nd) violations per calendar year.
A person commits the offense of escape from custody or attempted
escape from custody if, while being held in custody after arrest for
any crime or offense, he/she escapes or attempts to escape from custody.
[R.O. 2005 §18-20; CC 1997 §18-20]
A. A person
commits the offense of aiding escape of a prisoner if he/she:
1. Introduces into any place of confinement any deadly weapon or dangerous
instrument or other thing adapted or designed for use in making an
escape with the purpose of facilitating the escape of any prisoner
confined therein or of facilitating the commission of any other crime;
or
2. Assists or attempts to assist any prisoner who is being held in custody
or confinement for the purpose of effecting the prisoner's escape
from custody or confinement.
[Ord. No. 3284 §1, 5-18-2016]
A. A person commits the offense of assault on a police animal when such
person knowingly attempts to kill or disable or knowingly causes or
attempts to cause serious physical injury to a police animal when
that animal is involved in law enforcement investigation, apprehension,
tracking, or search, or the animal is in the custody of or under the
control of a Law Enforcement Officer, Department of Corrections Officer,
Municipal Police Department, Fire Department or a rescue unit or agency.
B. The offense of assault on a police animal is a misdemeanor, unless
the assault results in the death of such animal or disables such animal
to the extent it is unable to be utilized as a police animal, in which
case it is a felony.