Chapter 9.08
CRIMES AGAINST PUBLIC OFFICIALS
Sections:
9.08.010 Interference – Resistance.
9.08.020 Refusal of statement – Fraudulent statement.
9.08.030 Refusal to arrest or aid in arrest.
9.08.040 Taking or destruction of personal property.
9.08.050 Rescue from lawful custody.
9.08.060 Facilitating escape of prisoner.
9.08.080 Accepting or offering bribes.
9.08.090 Impersonating officer.
9.08.010 Interference – Resistance.
Every person who, by means of any threat, force or violence, shall attempt to deter or prevent any public officer from performing any duty imposed upon him by law, or who shall knowingly resist by force or violence any executive or administrative officer in the performance of his duty, shall be guilty of a misdemeanor. (Ord. 355 § 2(1), 1967)
9.08.020 Refusal of statement – Fraudulent statement.
Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required by him by any public officer, or who, in such statement, report or information lawfully required by him by any public officer, or who, in such statement, report or information shall make any wilfully untrue, misleading or exaggerated statement, or who shall wilfully hinder, delay or obstruct any public officer in the discharge of his official powers or duties, shall be guilty of a misdemeanor. (Ord. 355 § 2(2), 1967)
9.08.030 Refusal to arrest or aid in arrest.
Every person who, after having been lawfully commanded by any magistrate to arrest another person, shall wilfully neglect or refuse to do so; and every person who, after having been lawfully commanded to aid any officer in arresting any person, or in retaking any person who has escaped from lawful custody, or in executing any lawful process, shall wilfully neglect or refuse to aid such officer, shall be guilty of a misdemeanor. (Ord. 355 § 2(3), 1967)
9.08.040 Taking or destruction of personal property.
Every person who shall take from the custody of any officer or other person any personal property in his charge under any process of law, or who shall wilfully injure or destroy such property, shall be guilty of a misdemeanor. (Ord. 355 § 2(4), 1967)
9.08.050 Rescue from lawful custody.
Every person who shall, by force or fraud, rescue from lawful custody, or from an officer or person having him in lawful custody, a prisoner held upon a charge, arrest, commitment, conviction, or sentence for any crime, shall be guilty of a misdemeanor. (Ord. 355 § 2(5), 1967)
9.08.060 Facilitating escape of prisoner.
Every person, who with intent to effect or facilitate the escape of a prisoner, whether such escape shall be effected or attempted or not, shall convey or send into a prison any disguise, instrument, weapon or other thing, or aid or assist a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person shall be guilty of a misdemeanor if such prisoner is held upon a charge, arrest, commitment, conviction or a sentence for any crime. (Ord. 355 § 2(6), 1967)
9.08.070 Escape from custody.
Every person in custody, under sentence of imprisonment for any crime, who shall escape from custody, shall be guilty of a misdemeanor. (Ord. 355 § 2(7) 1967)
9.08.080 Accepting or offering bribes.
Any person violating any of the following provisions shall be guilty of a misdemeanor:
(1) Any person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any city executive or administrative officer, with intent to influence him with respect to any act, decision, vote, opinion or other proceedings, as such officer, or who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to a member of the city council, or attempt, directly or indirectly, by means of menace, deceit, suppression of truth or other corrupt means, to influence such member to give or withhold his vote or to absent himself from the house in which he is a member or from any committee thereof; or who shall give, offer or promise, directly or indirectly, any compensation, gratuity, or reward to any judicial officer or other person authorized by law to hear or determine any question, matter, cause or proceedings or controversy, with intent to influence his action, vote, opinion or decision thereon; or who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as hereinbefore, specified, with the intent to influence him with respect to his powers or functions; or
(2) Any member of the city council who shall ask or receive directly or indirectly any compensation, gratuity or reward, or any promise thereof, upon the agreement or understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity; and every judicial officer, and every person who executed any of the functions of a public office not hereinbefore specified; and
(3) Every person employed by or acting for the city or for any public officer in the business of the city, who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceedings shall be influenced thereby, or that he will do, or permit any act or proceedings or in any way neglect or violate any official duty; or
(4) Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any witness, or person who may be called as a witness, upon an agreement or understanding that the testimony of the attempt by any witness shall be thereby influenced, or who shall wilfully attempt by any other means to induce any witness or person who may be called as a witness to give false testimony, or to withhold true testimony; or
(5) Any person who is or may be a witness upon a trial, hearing, investigation or other proceeding for any court, tribunal, or officer authorized to hear evidence or take testimony, who shall ask or receive, directly or indirectly any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing or other proceedings. (Ord. 355 § 2(8), 1967)
9.08.090 Impersonating officer.
Any person who shall falsely impersonate a public officer, civil or military, or a policeman, or a private individual having special authority by law to perform an act affecting the right or interest of another, or who, without authority, shall assume any uniform or badge of which such an officer or person is lawfully distinguished by, and in such assumed character shall do any act purporting to be official, whereby another is injured or defrauded shall be guilty of a misdemeanor. (Ord. 355 § 2(9), 1967)
9.08.100 Contempt of court.
Every person who commits a contempt of court of any one of the following kinds shall be guilty of a misdemeanor:
(1) Disorderly, contemptuous or insolent behavior committed during the sitting of the court or city council, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
(2) Breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury or referee, or city council meetings; or
(3) A wilful violation of a lawful order of court.
Any person convicted of a misdemeanor under this section shall be punished by a fine of not more than $500.00, by imprisonment not to exceed 30 days, or by both such fine and imprisonment. (Ord. 572 § 1, 1976; Ord. 355 § 2(10), 1967)