A. As used
in this section:
1. “In
the lawful discharge of the person’s duties” means engaged
in the performance of the duties of a school employee.
2. “School
employee” includes a member of a local public school board and
public school administrators, teachers and other employees of that
board.
B. Assault
upon a school employee consists of:
1. An
attempt to commit a battery upon the person of a school employee while
the person is in the lawful discharge of that person’s duties;
or
2. Any
unlawful act, threat or menacing conduct which causes a school employee
while the person is in the lawful discharge of the person’s
duties to reasonably believe that the person is in danger of receiving
an immediate battery.
C. Whoever
commits assault upon a school employee is guilty of a petty misdemeanor.
(Ordinance 98-21 adopted 1998)
A. Assault
against a household member consists of:
1. An
attempt to commit a battery against a household member; or
2. Any
unlawful act, threat or menacing conduct that causes a household member
to reasonably believe that the person is in danger of receiving an
immediate battery.
B. Whoever
commits assault against a household member is guilty of a petty misdemeanor.
(Ordinance 98-21 adopted 1998)
A. Battery
against a household member consists of the unlawful, intentional touching
or application of force to the person of a household member, when
done in a rude, insolent or angry manner.
B. Whoever
commits battery against a household member is guilty of a petty misdemeanor.
(Ordinance 98-21 adopted 1998)
A. A person
who allegedly has been a victim of domestic abuse may request the
assistance of a local law enforcement agency.
B. A local
law enforcement officer responding to the request for assistance shall
be required to take whatever steps are reasonably necessary to protect
the victim from further domestic abuse, including:
1. Advising
the victim of the remedies available under the Family Violence Protection
Act, the right to file a written statement or request for an arrest
warrant and the availability of domestic violence shelters, medical
care, counseling and other services;
2. Upon
the request of the petitioner, providing or arranging for transportation
of the victim to a medical facility or place of shelter;
3. Upon
the request of the petitioner, accompanying the victim to the victim’s
residence to remove the victim’s clothing and personal effects
required for immediate needs and the clothing and personal effects
of any children then in the care of the victim;
4. Upon
the request of the petitioner, assist in placing the petitioner in
possession of the dwelling or premises or otherwise assist in execution
or service of the order of protection;
5. Arresting
the abusing household member when appropriate and including a written
statement in the attendant police report to indicate that the arrest
of the abusing household member was, in whole or in part, premised
upon probable cause to believe that the abusing household member committed
domestic abuse against the victim; and
6. Advising
the victim when appropriate of the procedure for initiating proceedings
under the Family Violence Protection Act or criminal proceedings and
of the importance of preserving evidence.
C. The
jail or detention center shall make a reasonable attempt to notify
the arresting law enforcement agency or officer when the abusing household
member is released from custody. The arresting law enforcement agency
shall make a reasonable attempt to notify the victim that the abusing
household member is released from custody.
D. Any
law enforcement officer responding to the request for assistance under
the Family Violence Protection Act is immune from civil liability
to the extent allowed by law. Any jail, detention center or law enforcement
agency that makes a reasonable attempt to provide notification that
an abusing household member is released from custody is immune from
civil liability to the extent allowed by law.
E. A statement
shall be included in a judgment and sentence document to indicate
when a conviction results from the commission of domestic abuse.
(Ordinance 98-21 adopted 1998)
A. Harassment
consists of knowingly pursuing a pattern of conduct that is intended
to annoy, seriously alarm or terrorize another person and that serves
no lawful purpose. The conduct must be such that it would cause a
reasonable person to suffer substantial emotional distress.
B. Whoever
commits harassment is guilty of a petty misdemeanor.
(Ordinance 98-21 adopted 1998)
A. Stalking
consists of a person knowingly pursuing a pattern of conduct that
would cause a reasonable person to feel frightened, intimidated or
threatened. The alleged stalker must intend to place another person
in reasonable apprehension of death, bodily harm, sexual assault,
confinement or restraint or the alleged stalker must intend to cause
a reasonable person to fear for his safety or the safety of a household
member. In furtherance of the stalking, the alleged stalker must commit
one or more of the following acts on more than one occasion:
1. Following
another person, in a place other than the residence of the alleged
stalker;
2. Placing
another person under surveillance by being present outside that person’s
residence, school, workplace or motor vehicle or any other place frequented
by that person, other than the residence of the alleged stalker; or
3. Harassing
another person.
B. As used
in this section, “household member” means a spouse, former
spouse or family member, including a relative, parent, present or
former stepparent, present or former in-law, child or co-parent of
a child, or a person with whom a person has had a continuing personal
relationship. Cohabitation is not necessary to be deemed a household
member for the purposes of this section.
C. Whoever
commits stalking is guilty of a petty misdemeanor.
D. In addition
to any punishment provided pursuant to the provisions of this section,
the court shall order a person convicted of stalking to participate
in and complete a program of professional counseling at his own expense.
(Ordinance 98-21 adopted 1998)
The provisions for harassment and stalking do not apply to:
A. Picketing
or public demonstrations that are lawful or that arise out of a bona
fide labor dispute; or
B. A peace
officer in the performance of his duties.
(Ordinance 98-21 adopted 1998)
A. In this
section, the term “voyeurism” means peeping through windows
or doors, or other like places, situated on or about the premises
of another for the purpose of spying upon or invading the privacy
of persons spied upon without the consent of the persons being spied
upon. It is not a necessary element of this offense that the defendant
be upon the premises of the person being spied upon.
B. No person
shall perform an act of voyeurism on or about the premises of another
or go upon the premises of another for the purpose of performing the
act of voyeurism.
(Ordinance 03-20 adopted 2003)