[R.O. 1952 §2.3; CC 1988 §2-3]
Any member of the Council or officer of the City who shall,
in official capacity or under color of his/her office, knowingly,
willfully or corruptly vote, assent to, report in favor of or allow
or certify for allowance any claim or demand against the City, which
claim or demand shall be on account of or under color of a contract
or agreement not authorized by law and the ordinances of the City,
shall be deemed guilty of a misdemeanor.
[Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of refusal to identify as a witness
if, knowing he or she has witnessed any portion of an offense, or
of any other incident resulting in physical injury or substantial
property damage, he or she refuses to report or gives a false report
of his or her name and present address to a Law Enforcement Officer
engaged in the performance of his or her duties.
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.
[Ord. No. 3667 §1, 3-29-2006]
A. A person
commits the offense of tampering with a witness if, with the purpose
to induce a witness or a prospective witness to disobey a subpoena
or other legal process, or to absent himself/herself or avoid subpoena
or other legal process, or to withhold evidence, information or documents,
or to testify falsely, he/she:
1. Threatens or causes harm to any person or property;
2. Uses force, threats or deception;
3. Offers, confers or agrees to confer any benefit, direct or indirect,
upon such witness; or
4. Conveys any of the foregoing to another in furtherance of a conspiracy.
B. A person
commits the offense of "victim tampering" if, with purpose to do so,
he/she prevents or dissuades or attempts to prevent or dissuade any
person who has been a victim of any crime or a person who is acting
on behalf of any such victim from:
1. Making any report of such victimization to any Peace Officer or State,
local or Federal Law Enforcement Officer or prosecuting agency or
to any judge;
2. Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof; or
3. Arresting or causing or seeking the arrest of any person in connection
with such victimization.
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.
[Ord. No. 3982 §1, 8-19-2013]
A. A person commits the offense of making a false declaration if he:
1.
With the purpose to mislead a public servant in the performance
of his duty, he submits any written false statement, which he does
not believe to be true:
a.
In an application for any pecuniary benefit or other consideration;
or
b.
On a form bearing notice, authorized by law, that false statements
made therein are punishable; or
2.
With the purpose to mislead a public servant he submits or invites
reliance on:
a.
Any writing which he knows to be forged, altered or otherwise
lacking in authenticity; or
b.
Any sample, specimen, map, boundary mark, or other object which
he knows to be false; or
3.
Gives false information to any person for the purpose of implicating
another person in a crime or ordinance violation; or
4.
Makes a false report to a Law Enforcement Officer that a crime
or ordinance violation has occurred or is about to occur; or
5.
Makes a false report or causes a false report to be made to
a Law Enforcement Officer, security officer, fire department or other
organization, official or volunteer, which deals with emergencies
involving danger to life or property that a fire or other incident
calling for an emergency response has occurred or is about to occur.
B. The falsity of the statement or the item under Subsection
A of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted.
C. It is a defense to a prosecution under Subsection
A of this Section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:
1.
The falsity of the statement or item was exposed; or
2.
The public servant took substantial action in reliance on the
statement or item.
D. The defendant shall have the burden of injecting the issue of retraction under Subsection
C of this Section.
E. For the purpose of this Section, "written" shall include filings
submitted in an electronic or other format or medium approved or prescribed
by the Secretary of State.
[Ord. No. 3845 §1, 3-15-2010]
A. A person
commits the offense of resisting or interfering with arrest, detention
or stop if, knowing that a Law Enforcement Officer is making an arrest,
or attempting to lawfully detain or stop an individual or vehicle,
or the person reasonably should know that a Law Enforcement Officer
is making an arrest or attempting to lawfully detain or lawfully stop
an individual or vehicle, for the purpose of preventing the officer
from effecting the arrest, stop or detention, the person:
1. Resists the arrest, stop or detention of such person by using or
threatening the use of violence or physical force or by fleeing from
such officer; or
2. Interferes with the arrest, stop or detention of another person by
using or threatening the use of violence, physical force or physical
interference.
B. This
Section applies to:
1. Arrests, stops or detentions with or without warrants;
2. Arrests, stops or detentions for any crime, infraction or ordinance
violation; and
3. Arrests for warrants issued by a court or a Probation and Parole
Officer.
C. A person
is presumed to be fleeing a vehicle stop if that person continues
to operate a motor vehicle after that person has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing that person.
D. It is no defense to a prosecution under Subsection
(A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.
It shall be unlawful for any person to willfully and knowingly
fail to obey a lawful command of any Police Officer of the City duly
authorized in executing or attempting to execute and carry into effect
any provision of this Code or other ordinance or order passed or made
by the proper authorities of this City, or in serving or attempting
to serve any legal writ, warrant, process or order issued by the Mayor
or other officer of the City.
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.
A person commits the crime of escape or attempted escape from
confinement if, while being held in confinement after arrest for any
crime, while serving a sentence after conviction for any crime, or
while at an institutional treatment center operated by the Department
of Corrections as a condition of probation or parole, he/she escapes
or attempts to escape from confinement.