Chapter 9.32
OFFENSES AGAINST GOVERNMENT
Sections:
9.32.010 Obstructing governmental administration.
9.32.020 Tampering with public records.
9.32.050 Resisting or refusing to aid officer.
9.32.060 Escape—Definitions and prohibitions.
9.32.070 Refusing to assist in fire fighting operations.
9.32.080 Failure to appear on citation prohibited.
9.32.090 Failure to appear in the second degree.
9.32.100 Giving false information to a peace officer.
9.32.110 Assaulting a public safety officer.
9.32.010 Obstructing governmental administration.
(1) No person shall intentionally obstruct, impair or hinder the administration of law or other governmental function by means of intimidation, force or physical interference or obstacle.
(2) This section shall not apply to the obstruction of unlawful governmental action or interference with the making of an arrest.
(3) Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 162.235
History: Ord. 1030 §2, 1984.
9.32.020 Tampering with public records.
(1) No person shall, without lawful authority, knowingly destroy, mutilate, conceal, remove, make a false entry in or falsely alter any public record.
(2) Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 162.305
History: Ord. 1030 §2, 1984.
9.32.030 Impersonation.
(1) No person shall, with intent to obtain a benefit or advantage or to injure or defraud another, falsely impersonate a public servant and do an act in such assumed character.
(2) Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 162.365
History: Ord. 1030 §2, 1984.
9.32.040 False reports.
(1) No person shall knowingly initiate a false alarm or report which is transmitted to a fire department or law enforcement agency or other organization that deals with emergencies involving danger to life or property.
(2) No person shall knowingly make or file with the police department or with the City Attorney or a Police Officer engaged in his official duties a false, misleading or unfounded statement or report concerning the violation or alleged violation of a city ordinance or the commission or alleged commission of a crime.
(3) Any violation of this section is a Class “C” misdemeanor.
Statutory Reference: ORS 162.375
History: Ord. 1030 §2, 1984; Ord. 1203 §3, 1994.
9.32.050 Resisting or refusing to aid officer.
(1) No person shall resist any peace officer acting in the performance of his duties; or, when requested to do so, refuse to assist any such officer in the discharge of his duties; or by means whatsoever, hinder, delay, or obstruct any such officer acting in the performance of his duties.
(2) As used in this section, “resist” refers to the ordinary meaning of that term.
(3) It is no defense to a prosecution under this section that the peace officer lacked legal authority to make an arrest, provided he was acting under color of his official authority.
(4) Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 161.260, 162.245, 162.315
History: Ord. 1030 §2, 1984.
9.32.060 Escape—Definitions and prohibitions.
(1) As used in this section:
(a) “Escape” means an unlawful departure.
(b) “Official detention” means:
(A) Arrest by a peace officer.
(B) Detention in a vehicle or facility for the transportation or custody of persons under arrest, charge or conviction of an offense.
(C) Detention for extradition or deportation.
(D) Other detention because the person detained is charged with or convicted of an offense.
(2) No person shall:
(a) Knowingly escape or attempt to escape from official detention;
(b) Knowingly cause, aid, assist, abet or facilitate an escape from official detention.
(3) Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 162.135 to 162.205
History: Ord. 1030 §2, 1984.
9.32.070 Refusing to assist in fire fighting operations.
(1) No person shall, when requested to do so, refuse or fail to assist in extinguishing a fire or protecting property threatened thereby.
(2) No person shall, upon command of a fireman or peace officer, intentionally and unreasonably disobey a lawful order relating to his conduct in the vicinity of a fire.
(3) Any violation of this section is a Class “A” infraction.
Statutory Reference: ORS 162.255
History: Ord. 1030 §2, 1984; Ord. 1203 §4, 1994.
9.32.080 Failure to appear on citation prohibited.
(1) No person shall willfully fail to appear before the Municipal Court pursuant to a citation issued and served under authority of Oregon Revised Statutes 133.045 to 133.080, 133.110, 153.110 and 156.050.
(2) Any violation of this section is a Class “A” misdemeanor.
(3) No person shall willfully fail to appear before the Municipal Court pursuant to a citation issued under the authority of the Gladstone Municipal Court. Failing to appear is contempt of court for which a warrant may be immediately issued. Evidence of the failure to appear is prima facie evidence of this contempt. All contempt proceedings shall comply with Oregon Revised Statutes 33.015 to 33.155.
Statutory Reference: ORS 133.075, 162.195
History: Ord. 1030 §2, 1984; Ord. 1142 §3, 1991; Ord. 1203 §5, 1994.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.32.090 Failure to appear in the second degree.
(1) A person commits the crime of failure to appear in the second degree if, having by court order been released from custody upon a release agreement or security agreement or continued on release on own recognizance upon the condition that he will subsequently appear personally in connection with a charge against him of having committed a misdemeanor or violation, he intentionally fails to appear as required.
(2) Violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 162.195
History: Ord. 1047 §1, 1985.
9.32.100 Giving false information to a peace officer.
(1) A person commits the crime of giving false information to a peace officer for a citation if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer. It shall be no defense to this crime that the peace officer lacked legal authority to make such an inquiry, provided the peace officer was acting under the color of his or her official authority.
(2) Penalty. Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 162.385
History: Ord. 1056 §3, 1986; Ord. 1142 §2, 1991; Ord. 1169 §1, 1993.
9.32.110 Assaulting a public safety officer.
(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace officer, corrections officer, fire fighter or other city employee acting in the cause of official duty.
(2) Any violation of this section is a Class “A” misdemeanor.
Statutory Reference: ORS 163.208
History: Ord. 1091 §2, 1987.