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HomeMy Public PortalAboutORD-CC-1981-08ORDINANCE NO MOAB CITY CODE CHAPTER 20 - POLICE OFFICER, FIREMAN AND GOVERNMENTAL OPERATION 20-1-7 Failure to assist police officer. It shall be unlawful for any citizen over the age of eighteen (18) years willfully to decline to assist any police officer in the City of Moab when requested by such police officer in the suppression of an unlawful assembly or in the arrest of any person whom the Police officer is lawfully empowered to arrest. 20-1-8 Resisting arrest. A. It shall be unlawful for any person to resist arrest as defined and provided by this section. B. A person commits resisting arrest if he intentionally pre- vents or attempts to prevent a peace 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 peace officer or another; or 2. Using any other means which creates a substantial risk of causing physical injury to the peace officer or another. C. It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under the color of his official authority, and in attempting to make the arrest he was not resorting to unrea- sonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of his offical authority" when, -1- 0 Police Officer, Fireman and Governmental Operation 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. D. The term "Peace Officer" as used in this section means a police officer in uniform, or if out of uniform, one who has identi- fied himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted. 20-1-9 Harassment of police officer. It shall be unlawful for any person, with intent to harass, annoy or alarm a police officer, known to him to be a police officer, to: A. Strike, shove, kick or otherwise touch such police officer or subject him to physical contact; or B. In a public place, direct obscene language or make an obscene gesture to or at a police officer; or C. Repeatedly insult, taunt or challenge a police officer in a manner intended to provoke a violent or disorderly response. 20-1-10 Disobedience of lawful order of police officer or fireman. It shall be unlawful for any person to disobey a reasonable request or order to move issued by a person he knows to be a police officer or fireman, either for the purpose of preventing obstruction of a highway or passageway, or maintaining public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. -2- 1 Police Officer, Fireman and Governmental Operation 20-1-11 Obstructing police officer. A. It shall be unlawful for any person to obstruct a police officer as defined and provided by this section. B. A person commits the offense of obstructing a police officer when, by using or threatening to use violence, force or physical interference, or obstacle, he intentionally obstructs, impairs, or hinders the enforcement of the penal laws of the State of Utah, or the ordinances of the City of Moab, or the preservation of the peace, by a police officer acting under color of this offical authority. C. It is no defense to a prosecution under this section that the police officer was acting in an illegal manner if he was acting under color of his official authority as defined herein. D. This section does not apply to obstruction, impairment or hindrance of the making of an arrest. 20-2-1 Obstructing fireman. A. It shall be unlawful for any person to obstruct a fireman as defined and provided by this section. B. A person coiluiits the offense of obstructing a fireman when, by using or threatening to use violence, force or physical inter- ference, or obstacle, he intentionally obstructs, impairs or hinders the prevention, control or abatement of fire or the performance of an official duty by a fireman acting under color of this official authority. 20-3-1 Obstructing municipal operations. A. It shall be unlawful for any person intentionally to obstruct, impair or hinder the performance of a municipal function by an officer -3- Police Officer, Fireman and Governmental Operation or employee of the City of Moab by using or threatening to use vio- lence, force or physical interference or obstacle. B. The provisions of this section shall pot apply to: 1. The obstruction, impairment or hindrance of lawful action by an officer or employee of the City of Moab; or 2. The obstruction, impairment or hindrance of the making of an arrest; or 3. The obstruction, impairment or hindrance of a municipal function by lawful activities in connection with a labor dispute. 20-3-2 Violations - penalty. Violations of the provisions of the foregoing sections of this Ordinance shall be punishable by a fine of not more than Two Hundred Ninety-nine Dollars ($299.00), or by imprisonment in the City jail or county jail for not more than ninety (90) days, or by both such fine and imprisonment. 20-4-1 Failure to appear in court. A. It shall be unlawful for any person willfully to fail to appear in the Municipal Court of the City of Moab on the date when and at the time and place where summoned to appear by any police officer or other officer of the City of Moab in writing. B. It shall be unlawful for any person willfully to fail to appear in the Municipal Court of the City of Moab on the date when and at the time and place where required by any lawful process duly served. C. It shall be unlawful for any person willfully to fail to appear in the Municipal Court of the City of Moab on the date when -4- Police Officer, Fireman and Governmental Operation and at the time and place where required by an order of the Municipal Court which has been: 1. Made by the court 2. Reduced to writing personal service. in the presence of such person; or and served upon such person by D. The provisions of this section shall not be deemed or construed to prevent or preclude an appearance by counsel when such appearance is allowed by the Utah Rules of Municipal Court Procedure. -5- ADOPTED this ----" day of ATTEST: RAL.PH MCC iRE, RECORDER , 1981.