[Ord. No. 396-82 Art. VII §1, 12-20-1982]
The following definitions shall apply to this Article:
AFFIDAVIT
Any written statement which is authorized or required by
law to be made under oath and which is sworn to before a person authorized
to administer oaths.
GOVERNMENT
Any branch or agency of the government of this State or of
any political subdivision thereof.
JUDICIAL PROCEEDING
Any official proceedings in court or any proceeding authorized
by or held under the supervision of a court.
JUROR
A grand or petit juror, including a person who has been drawn
or summoned to attend as a prospective juror.
JURY
A grand or petit jury, including any panel which has been
drawn or summoned to attend as prospective jurors.
OFFICIAL PROCEEDING
Any cause, matter or proceeding where the laws of this State
or ordinances of this City require that evidence considered therein
be under oath or affirmation.
PUBLIC RECORD
Any document which a public servant is required by law to
keep.
TESTIMONY
Any oral statement under oath or affirmation.
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 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.
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.
[Ord. No. 396-82 Art. VI §14, 12-20-1982]
It shall be unlawful for any person within the corporate limits
of said City to intentionally give a false alarm of fire by sounding
the electric sirens, fire alarm or otherwise.
[Ord. No. 396-82 Art. VII §4, 12-20-1982]
A person commits the ordinance violation of making a false bomb
report if he/she knowingly makes a false report or causes a false
report to be made to any person that a bomb or other explosive has
been placed in any public or private place or vehicle.
[Ord. No. 396-82 Art. VII §9, 12-20-1982]
A. Any
employer or any agent who is in charge of a business establishment
commits the ordinance violation of refusing to make an employee available
for service of process if he/she knowingly refuses to assist any officer
authorized by law to service process, who calls at such business establishment
during the working hours of an employee for the purpose of serving
process on such employee, by failing or refusing to make such employee
available for service of process.
B. A person
who has been convicted of refusing to make an employee available for
service of process may be sentenced to pay a fine which does not exceed
three hundred dollars ($300.00) or imprisonment which does not exceed
fifteen (15) days, or both.
[Ord. No. 396-82 Art. VII §11, 12-20-1982]
A. A person
commits the ordinance violation of interfering with a prisoner or
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 ordinance
violation;
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; or
3. Gives away or sells or attempts to give away or sell to any person
confined in any City Jail or in custody of any Law Enforcement Officer
in the City anything whatsoever without the consent of the person
in charge of such jail or person having such custody.
[Ord. No. 396-82 Art. VII §14, 12-20-1982]
A. A person
commits the ordinance violation of deceiving a Law Enforcement Officer
if he/she shall knowingly deceive a Law Enforcement Officer for the
following purposes:
1. To prevent discovery of any ordinance violation or crime which has
been or is being committed by any person; or
2. To prevent or hinder investigation, apprehension, prosecution, conviction
or punishment of any person for conduct constituting an ordinance
violation under the ordinances of the City of Kearney or the laws
of the State of Missouri.
B. It
is a defense to a prosecution under this Section that the actor retracted
the false information or removed the deception but this defense shall
not apply if the retraction or removal was made after:
1. The falsity of the information or the deception was exposed; or
2. Any Law Enforcement Officer took substantial action in reliance on
the false information or deception.
C. The defendant shall have the burden of injecting the issue or retraction or removal under Subsection
(B) of this Section.
[Ord. No. 396-82 Art. II §4, 12-20-1982]
A person is guilty of interfering with custody if, knowing that
he/she has no legal right to do so, he/she takes or entices from lawful
custody any person entrusted by order of a court to the custody of
another person or institution.