Chapter 9.15
OFFENSES AGAINST GOVERNMENTAL ADMINISTRATION
Sections:
9.15.010 Unsworn falsification.
9.15.020 Obstructing governmental administration.
9.15.030 Tampering with public records.
9.15.060 Resisting or obstructing an officer.
9.15.080 Police and fire communications.
9.15.090 Deliveries to prisoners.
9.15.010 Unsworn falsification.
No person shall knowingly make any false written statement to a public servant in connection with an application for any benefit. [Ord. 1703, 8-20-73. Code 2001 § 132.01.]
Penalty: See NMC 9.05.120.
9.15.020 Obstructing governmental administration.
A. 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.
B. This section shall not apply to the obstruction of unlawful governmental action or interference with the making of an arrest. [Ord. 1703, 8-20-73. Code 2001 § 132.02.]
Penalty: See NMC 9.05.120.
9.15.030 Tampering with public records.
No person shall, without lawful authority, knowingly destroy, mutilate, conceal, remove, make a false entry in or falsely alter any public record. [Ord. 1703, 8-20-73. Code 2001 § 132.03.]
Penalty: See NMC 9.05.120.
9.15.040 Impersonation.
No person shall, with intent to obtain a benefit or to injure or defraud another, falsely impersonate a public servant and do an act in such assumed character. [Ord. 1703, 8-20-73. Code 2001 § 132.04.]
Penalty: See NMC 9.05.120.
9.15.050 False reports.
A. 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.
B. No person shall knowingly make or file with the police department or with the city attorney or a police officer engaged in 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. [Ord. 1703, 8-20-73. Code 2001 § 132.05.]
Penalty: See NMC 9.05.120.
9.15.060 Resisting or obstructing an officer.
A. No person shall resist any peace officer acting in the performance of the peace officer’s duties; or by any means whatsoever hinder, delay or obstruct any such officer acting in the performance of the officer’s duties.
B. As used in this section, “resist” refers to the ordinary meaning of the term.
C. It is no defense to a prosecution under this section that a peace officer lacked legal authority to make an arrest; provided, the peace officer was acting under the color of the peace officer’s official authority.
D. It is a defense to prosecution under this section that the interference alleged consisted of speech only. [Ord. 1703, 8-20-73. Code 2001 § 132.06.]
Penalty: See NMC 9.05.120.
9.15.070 Escape.
A. No person shall:
1. Knowingly escape or attempt to escape from official detention.
2. Knowingly cause, aid, assist, abet or facilitate an escape from official detention.
B. As used in this section:
“Escape” means an unlawful departure.
“Official detention” means:
1. Arrest by a peace officer.
2. Detention in a vehicle or facility for the transportation or custody of persons under arrest, charge or conviction of an offense.
3. Detention for extradition or deportation.
4. Other detention because the person detained is charged with or convicted of an offense. [Ord. 1703, 8-20-73. Code 2001 § 132.07.]
Penalty: See NMC 9.05.120.
9.15.080 Police and fire communications.
No person shall operate any generator or electromagnetic wave or cause a disturbance of such magnitude as to interfere with the proper functioning of any police or fire department radio communication system. [Ord. 1703, 8-20-73. Code 2001 § 132.08.]
Penalty: See NMC 9.05.120.
9.15.090 Deliveries to prisoners.
No person shall deliver, by any means whatsoever, intoxicating liquor, dangerous drugs or narcotic drugs, as defined by state law, to a person confined in the city jail, or to attempt to convey or deliver to such person any article without the consent of the officer in charge. [Ord. 1703, 8-20-73. Code 2001 § 132.09.]
Penalty: See NMC 9.05.120.
Cross-reference: See ORS 471.001 pertaining to alcohol and ORS 475.005 for controlled substances.