[Ord. No. 2 Ch. 8 Art. 1 §18, 1953; Ord. No. 82 §1, 2-1-1966; Ord. No. 11012021B, 11-1-2021]
It shall be unlawful for any person to obstruct, resist or oppose
any Law Enforcement Officer during the execution or the attempt to
serve or execute any writ, summons, subpoena or warrant, other than
an arrest warrant.
[Ord. No. 05052014 §II, 5-5-2014; Ord. No. 11012021B, 11-1-2021]
A. A person commits the crime of obstructing government operations if
he/she purposely obstructs, impairs, hinders or perverts the performance
of a governmental function by the use or threat of violence, or force.
B. Obstructing government operations is a misdemeanor.
[Ord. No. 11012021A, 11-1-2021]
A. A person commits the offense of hindering prosecution if, for the
purpose of preventing prosecution, apprehension, punishment, or conviction
of himself/herself or another person for conduct constituting an offense,
he or she:
1.
Prevents or obstructs, by means of force, deception, or intimidation,
anyone from performing an act that might aid in the discovery or apprehension;
or
2.
Harbors or conceals such person(s); or
3.
Aids by any means an individual in avoiding discovery, or apprehension;
or
4.
Warns an individual of impending discovery, or apprehension;
or
5.
Refuses to give, or gives a false report of, his/her name or
date of birth.
[Ord. No. 51980B §1, 5-19-1980; Ord. No. 05052014 §I 5-5-2014]
A. A person commits the crime 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 pursuant to 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.
E. Resisting or interfering with an arrest, detention or stop in violation of Subsection
(A)(1) or
(2) of this Section is a misdemeanor.
[Ord. No. 021902 §§1 — 7, 2-19-2002]
A. No
person, with the purpose to mislead a public servant in the performance
of his duty, shall submit any false statement which he does not believe
to be true:
1. In an application for any pecuniary benefits or other consideration;
or
2. On a form bearing notice, authorized by law, that the false statements
made therein are punishable.
B. No
person shall, with the purpose to mislead a public servant in the
performance of his duty, submit or invite reliance upon:
1. Any writing which he knows to be forged, altered or otherwise lacking
in authenticity; or
2. Any sample, specimen, map, boundary mark or other object which he
knows to be false.
C. The falsity of the item under Subsections
(A) and
(B) of this Section must be as to a fact which is material to the purpose for which the statement is made or the item submitted.
D. A fact
is material regardless of its admissibility under the rules of evidence
if it could substantially affect or did substantially affect the course
or outcome of a cause, matter or proceeding.
E. Knowledge
of the materiality of a statement is not an element of this crime
and it is no defense that:
1. The defendant mistakenly believed the fact to be immaterial; or
2. The defendant was not competent for reasons other than mental disability
or immaturity to make the statement.
F. It
is a defense to the prosecution under this Section that the act of
retracting the false statement or item, but the 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 upon the statement
of the item.
3. The defendant shall have the burden of injecting the issues of retraction
under this Section.
G. Any person who is convicted of a violation of this Section or enters
a plea of guilty to a violation of this Section shall be fined not
more two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent violations,
for offenses committed within a twelve-month period; or imprisoned
for not more than ninety (90) days, or by both fine and imprisonment.
[Ord. No. 12052016 § X, 12-5-2016]
[Ord. No. 020309A, 2-3-2009]
A. A person
commits the offense of making a false report if he/she knowingly:
1. Gives false information to a Law Enforcement Officer for the purpose
of implicating another person in a crime; or
2. 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
3. Makes a false report to a Law Enforcement Officer that a crime has
occurred or is about to occur.
B. It is a defense to a prosecution under Subsection
(A) hereof that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon.
C. The defendant shall have the burden of injecting the issue of retraction under Subsection
(B) hereof.
D. Any person who is convicted of a violation of this Section or enters
a plea of guilty to a violation of this Section shall be fined not
more than two hundred dollars ($200.00) for the first violation, two
hundred seventy-five dollars ($275.00) for the second violation, three
hundred fifty dollars ($350.00) for the third violation, and four
hundred fifty dollars ($450.00) for the fourth and any subsequent
violations, for offenses committed within a twelve-month period; or
imprisoned for not more than ninety (90) days, or by both fine and
imprisonment.
[Ord. No. 12052016 § XI, 12-5-2016]
[Ord. No. 021902A §§1 — 5, 2-19-2002]
A. No
person shall, with the purpose to mislead any person, swear falsely
to a fact which is material to the purpose for which said affidavit
is made.
B. A fact
is material regardless of its admissibility under the rules of evidence
if it could substantially affect or did substantially affect the course
or outcome of the cause, matter or proceeding.
C. Knowledge
of the materiality of the statement is not an element of violation
of this Section and it is no defense that:
1. The defendant mistakenly believed the fact to be immaterial; or
2. The defendant was not competent for reasons other than medical disability
or immaturity to make a statement.
D. It
is a defense to a prosecution under this Section if the actor retracted
the false statement by affidavit or testimony, but this defense shall
not apply if the retraction was made after:
1. The falsity of the statement was exposed; or
2. Any person took substantial action in reliance upon this statement.
3. The defendant shall have the burden of injecting the issue of retraction
under this Subsection.
E. Any person who is found guilty of a violation of this Section or
enters a plea of guilty to a violation of this Section shall be fined
not more than two hundred dollars ($200.00) for the first violation,
two hundred seventy-five dollars ($275.00) for the second violation,
three hundred fifty dollars ($350.00) for the third violation, and
four hundred fifty dollars ($450.00) for the fourth and any subsequent
violations, for offenses committed within a twelve-month period; or
imprisoned in the County Jail for not exceeding ninety (90) days,
or by both fine and imprisonment.
[Ord. No. 12052016 § XII, 12-5-2016]
[Ord. No. 101910 §I, 10-19-2010]
A. No
person shall knowingly present, display or orally communicate a false
name, Social Security number, date of birth or any other false information
to a Law Enforcement Officer who is in the process of issuing to the
person a traffic ticket or complaint.
B. No
person shall knowingly present, display or orally communicate a false
name, Social Security number, date of birth or any other false information
to a Law Enforcement Officer in relation to a reportable offense.
C. The prohibitions delineated in Section
210.329 (A — B) shall extend to and include the causing, securing, aiding or abetting of another person to do said acts as well as an attempt to do any of the acts delineated in Section
210.329 (A — B).
D. Any person who is convicted of a violation of this Section or enters
a plea of guilty to a violation of this Section shall be fined not
more than two hundred dollars ($200.00) for the first violation, two
hundred seventy-five dollars ($275.00) for the second violation, three
hundred fifty dollars ($350.00) for the third violation, and four
hundred fifty dollars ($450.00) for the fourth and any subsequent
violations, for offenses committed within a twelve-month period; or
imprisoned for not more than ninety (90) days, or by both fine and
imprisonment.
[Ord. No. 12052016 § XIII, 12-5-2016]
E. Each
violation shall constitute a separate offense.