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,
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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.
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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
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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
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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.
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ADOPTED this ----" day of
ATTEST:
RAL.PH MCC iRE, RECORDER
, 1981.