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5. Arrests; Prisoners; Police Officers; False Representations

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CHAPTER 5

ARREST; PRISONERS; POLICE OFFICERS; FALSE REPRESENTATIONS

6-5-1:   RESISTING ARREST
6-5-2:   ESCAPES
6-5-3:   FURNISHINGS WEAPONS AND OTHER ARTICLES TO PRISONERS
6-5-4:   REFUSING TO AID A POLICE OFFICER
6-5-5:   OBSTRUCTING A POLICE OFFICER
6-5-6:   FALSE REPRESENTATION
6-5-7:   FALSE REPORTING TO AUTHORITIES
6-5-8:   ALARM SYSTEMS

6-5-1:  RESISTING ARREST:  (1224 2001)

(A) It shall be unlawful for any person to resist arrest.  A person resists arrest if he knowingly prevents, or attempts to prevent, a police officer acting under color of his official authority from effecting an arrest of the actor or another by: 

(1) Using, or threatening to use, physical force or violence against the police officer or another; or

(2) Using any other means that creates a substantial risk of causing physical injury to the police officer or another; or

(3) Running from, eluding or hiding from a police officer or officers attempting to effect an arrest.

(B) It is no defense to a prosecution under this Section that the police officer was attempting to make an arrest that, in fact, was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force, giving rise to the right of self defense.  A police officer acts "under color of his official authority" when, in the regular course of assigned duties, he is called upon to make and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.

(C) Resisting arrest is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-5-2:  ESCAPES:  (1224 2001)

(A) It shall be unlawful for any person confined for conviction of any offense, or in lawful custody, to knowingly escape, or attempt to escape, such custody or confinement. 

(B) A violation of this Section is a criminal offense, punishable by a fine or imprisonment, or both as provided in Section 1-8-1 of this Code. 

6-5-3:  FURNISHING WEAPONS AND OTHER ARTICLES TO PRISONERS:  (1224 2001)

(A) It shall be unlawful for any person to furnish or attempt to furnish, or take into any jail or any temporary detention facility, or to deliver, or attempt to deliver, to any prisoner therein confined, or in the custody of any police officer, any weapon, tool, intoxicating liquor, drug or other article, without the consent of the police officer in charge. 

(B) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-5-4:  REFUSING TO AID A POLICE OFFICER:  (1224 2001)

(A) It shall be unlawful for any person eighteen (18) years of age or older, upon command by a person known to him to be a police officer, to unreasonably refuse or fail to aid the police officer in effecting an arrest, or securing an arrest, or preventing the commission by another of an offense. 

(B) Refusing to aid a police officer is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-5-5:  OBSTRUCTING A POLICE OFFICER:  (1224 2001 2031)

(A) It shall be unlawful for any person, by using or threatening to use violence, force, physical interference, or obstacle, to knowingly obstruct, impair or hinder the enforcement of the penal law or the preservation of the peace, or the placement or attempted placement of a person into custody for purposes of his own safety and welfare or the safety and welfare of others, by a police officer, or any person duly empowered with police authority. 

(B) It is no defense to a prosecution under this Section that the police officer, or any person duly empowered with police authority, was acting in an illegal manner, if he was acting in the regular course of assigned duties and in good faith based upon surrounding facts and circumstances.

(C) It shall be unlawful for any person to refuse to reveal their correct name, address and date of birth when requested to do so by a police officer, or any person duly empowered with police authority engaged in the investigation of any violation of law, traffic accident, disaster or other event.

(D) Obstructing a police officer is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-5-6:  FALSE REPRESENTATION:  (1224 2001)

(A) It shall be unlawful for any person to falsely represent himself to be a police officer, or an officer of the City, or to attempt to impersonate any police officer, or an officer of the City, or without authority, to perform any official act on behalf of a police officer or an officer of the City. 

(B) False representation is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-5-7:  FALSE REPORTING TO AUTHORITIES:  (2001)

(A) It shall be unlawful for any person to falsely report to authorities.  A person falsely reports to authorities, if: 

(1) He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency that deals with emergencies involving danger to life or property; or

(2) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or

(3) He makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he knows that he has no such information or knows that the information is false.

(B) False reporting is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-5-8:  ALARM SYSTEMS:  (2001)

(A) DEFINITIONS:  The following words, terms, and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

“Alarm” shall mean any device that, when activated by the victim of a hold-up or robbery at a specific location, by forced or other entry into premises, or by other stimuli, transmits a signal designed to cause police to investigate criminal activity or emergency.  The alarm may be electrical or mechanical and may signal by audible or visual means.  "Alarm" shall include burglar alarms, hold-up or robbery alarms, panic alarms, and local alarms, but shall not include alarms intended to detect and report fires, gases, humidity, or other conditions not directly related to a criminal act or portable alarm devices used by the City Police Department, personal protection alerting devices that alert only the user, and alarms installed in or on motorized vehicles. 

“Alarm User” shall mean any person, firm, partnership, corporation or other entity that installs on its premises or has installed on its premises an alarm, an audible alarm device, or a system of such devices.

“Audible Alarm Device” shall mean any alarm device that produces an audible signal at the premises where it is installed, whether by means of bells, horns, sirens or other mechanism, thereby notifying persons within audible range of the signal that police should be notified.

(B) Audible alarm devices shall be equipped with an automatic shutoff mechanism capable of terminating the activated audible signal within a maximum time of: 

(1) Fifteen (15) minutes in residential locations; and

(2) Thirty (30) minutes in nonresidential locations.

(C) Audible alarm systems may be disconnected by the City through use of reasonable and appropriate means as required if the alarm does not automatically shut off as described in subsection (B) of this Section.  The City, its employees, and agents shall not be responsible or liable for damage resulting from such disconnection.

(D) After each activation of an alarm on his premises, an alarm user shall inspect or cause the alarm to be inspected by an operator or other alarm maintenance person to ensure its proper operation. 

(E) Each alarm user shall respond to the location where an alarm originated within thirty (30) minutes after a request to do so by the Police Department, or provide for such response by an alarm maintenance person. 

(F) Alarm devices shall not transmit prerecorded messages to or be programmed to dial the City Police Department. 

(G) It shall be unlawful for any person to violate any of the provisions of this Chapter.  Violators shall be subject to the penalties provided by Section 1-8-1, W.M.C., and may also be subject to civil remedies provided by Chapter 4 of Title VIII of this Code. 

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