A.
A person commits the offense of concealing an offense if he or she:
1.
Confers or agrees to confer any pecuniary benefit or other consideration
to any person in consideration of that person's concealing of any
offense, refraining from initiating or aiding in the prosecution of
an offense, or withholding any evidence thereof; or
2.
Accepts or agrees to accept any pecuniary benefit or other consideration
in consideration of his/her concealing any offense, refraining from
initiating or aiding in the prosecution of an offense, or withholding
any evidence thereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of hindering prosecution if, for the
purpose of preventing the apprehension, prosecution, conviction or
punishment of another person for conduct constituting an offense,
he or she:
1.
Harbors or conceals such person; or
2.
Warns such person of impending discovery or apprehension, except
this does not apply to a warning given in connection with an effort
to bring another into compliance with the law; or
3.
Provides such person with money, transportation, weapon, disguise
or other means to aid him/her in avoiding discovery or apprehension;
or
4.
Prevents or obstructs, by means of force, deception or intimidation,
anyone from performing an act that might aid in the discovery or apprehension
of such person.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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 the purpose to intimidate a judge, attorney, juror, party
or witness and thereby influence a judicial proceeding, he or 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.
A person commits the offense of tampering with a witness or victim
if:
1.
With the purpose to induce a witness or a prospective witness
to disobey a subpoena or other legal process, absent himself or herself,
avoid subpoena or other legal process, withhold evidence, information,
or documents, or testify falsely, he or she:
2.
He or she purposely 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:
a.
Making any report of such victimization to any peace officer, State,
Local or Federal Law Enforcement Officer, prosecuting agency, or judge;
b.
Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof;
c.
Arresting or causing or seeking the arrest of any person in connection
with such victimization.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of tampering with physical evidence
if he/she:
1.
Alters, destroys, suppresses or conceals any record, document
or thing with the purpose to impair its verity, legibility or availability
in any official proceeding or investigation; or
2.
Makes, presents or uses any record, document or thing knowing
it to be false with the purpose to mislead a public servant who is
or may be engaged in any official proceeding or investigation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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. 2018-32, 5-14-2018]
A.
A person commits the offense of false impersonation if such person:
1.
Falsely represents himself/herself to be a public servant with
the purpose to induce another to submit to his/her pretended official
authority or to rely upon his/her pretended official acts, and
2.
Falsely represents himself/herself to be a person licensed to
practice or engage in any profession for which a license is required
by the laws of this State with purpose to induce another to rely upon
such representation, and
3.
Upon being arrested, falsely represents himself/herself, to
a Law Enforcement Officer, with the first and last name, date of birth
or social security number, or a substantial number of identifying
factors or characteristics as that of another person that results
in the filing of a report or record of arrest or conviction for an
infraction or offense that contains the first and last name, date
of birth and social security number, or a substantial number of identifying
factors or characteristics to that of such other person as to cause
such other person to be identified as the actual person arrested or
convicted.
B.
If a violation of Subsection (A)(3) hereof is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney bringing any action on the underlying charge shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court recorded amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
C.
Any person who is the victim of a false impersonation and whose identity
has been falsely reported in arrest or conviction records may move
for expungement and correction of said records under the procedures
set forth in Section 610.145.
A.
A person commits the offense of making a false report if he/she knowingly:
1.
Gives false information to any person for the purpose of implicating
another person in an offense; or
2.
Makes a false report to a Law Enforcement Officer that an offense
has occurred or is about to occur; or
3.
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.
A.
A person commits the offense of resisting or interfering with arrest,
detention, or stop if he or she knows or reasonably should know that
a Law Enforcement Officer is making an arrest or attempting to lawfully
detain or stop an individual or vehicle, and for the purpose of preventing
the Officer from effecting the arrest, stop or detention, he or she:
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.
C.
A person is presumed to be fleeing a vehicle stop if he or she continues
to operate a motor vehicle after he or she 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 him or her.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of escape from custody or attempted
escape from custody if, while being held in custody after arrest for
any offense, he/she escapes or attempts to escape from custody.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of interference with legal process if,
knowing another person is authorized by law to serve process, he or
she interferes with or obstructs such person for the purpose of preventing
such person from effecting the service of any process.
B.
"Process" includes any writ, summons, subpoena, warrant other than
an arrest warrant, or other process or order of a court.
A.
All
false alarms to which the Police Department responds shall result
in the following actions and/or charges:
1.
Upon receipt of the sixth (6th) false alarm within a twelve (12)
month period a warning notice shall be issued by the Police Department
to the subscriber and the alarm business monitoring the system.
2.
Upon receipt of the seventh (7th), eighth (8th), and ninth (9th)
false alarm within the twelve (12) month period following the warning,
a partial expense reimbursement to the City in the amount of fifty
dollars ($50.00) shall be paid by subscriber for each such false alarm.
Failure to pay the partial expense reimbursement within ten (10) days
of demand by the Police Department will result in all alarm service
otherwise rendered by the Police Department to be suspended until
payment is made.
3.
Upon receipt of the tenth (10th) false alarm within the twelve (12)
month period following the warning, a partial expense reimbursement
of one hundred dollars ($100.00) shall be paid for each false alarm
and a notice shall be issued to the alarm subscriber and the alarm
business monitoring the system. The notice shall be sent to the alarm
subscriber and alarm business monitoring the system by certified mail,
and shall be effective ten (10) days after the postmarked date on
the notice. Such notice shall contain:
4.
For the propose of this Section, the schedule of false alarms shall
become effective sixty (60) days after installation of a new alarm
system. During the sixty (60) day grace period, false alarms will
not be chargeable under this Chapter.
5.
Appeals. An alarm subscriber who desires to appeal
a partial expense reimbursement imposed by this Section shall submit
a written request for a hearing to the Chief of Police within ten
(10) days of receipt of the notice that such a fee is due, who shall
then notify the City Council. The City Council, following not less
than ten (10) days' notice to the alarm subscriber of the date of
the appeal hearing, shall then meet and consider the appeal.
6.
Each alarm user will be assigned a code number with their User's
Permit. When notifying the Police Department that a test of the alarm
system is to be made, or that repairs are being made, the Code Number
must be properly given to avoid an emergency response, and therefore
a false alarm charge. This notification must be made prior to any
test or alarm caused during repairs.
7.
In determining the existence of a false alarm, if the Police Chief
finds that a reasonable doubt exists as to the cause of the alarm,
he/she may determine the alarm not to be a false alarm.