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INTERFERING WITH PUBLIC OFFICERS
Sections:
9.10.010 Impeding police, firemen or other officials by vehicle
at scene of disaster.
9.10.020 Interference with police officers, firefighters,
emergency medical services providers, rescue specialists, city employees, or
public officials in the performance of their duties.
9.10.030 Resisting arrest-Escaping-Rescuing a prisoner.
9.10.040 Disobeying an order of a police officer or fireman-Refusing
to aid a police officer.
9.10.010 Impeding police, firemen or other officials by
vehicle at scene of disaster.
It is unlawful for any person to drive a vehicle to or close by the scene of
a fire, explosion, traffic accident, riot or impending riot, other disaster
or investigation in such a manner as to obstruct or impede the arrival, departure
or operation of any fire truck, police vehicle, ambulance or any other emergency
vehicle, or to fail to move a vehicle from the scene when ordered to do so by
a police officer, fireman, emergency personnel or military personnel in the
performance of their duties in coping with such fire, explosion, traffic accident,
riot or impending riot, other disaster or investigation. (Ord. O-74-1 §
1 (part), 1974).
9.10.020 Interference with police officers, firefighters,
emergency medical services providers, rescue specialists, city employees, or
public officials in the performance of their duties.
A. A person commits interference with a police officer, city employee, or public
official when, by using or threatening to use violence, force, physical interference,
or an obstacle, such person knowingly obstructs, impairs, hinders, or interferes
with the discharge or attempted discharge of an official duty by a police officer,
city employee, or public official while such person is acting under color of
his or her official authority.
B. A person commits interference with a firefighter, emergency medical service
provider, or rescue specialist when by using or threatening to use violence,
force, or physical interference, or an obstacle, knowingly obstructs, impairs,
hinders, or interferes with the prevention, control, or abatement of fire by
a firefighter, while such person is acting under color of his or her official
authority; or knowingly obstructs, impairs, hinders, or interferes with the
administration of medical treatment or emergency assistance by an emergency
medical service provider or rescue specialist, while such person is acting under
color of his or her official authority.
C. It is unlawful for any person to threaten violence, reprisal, or any other
injurious act to any police officer, firefighter, emergency medical services
provider, rescue specialist, city employee, or other public official who is
engaged in the performance or attempted performance of his or her official duties
or to make such a threat by reason or on account of the performance or attempted
performance of his or her official duties.
D. Definitions. The following definitions shall apply in the interpretation
of this section:
1. "Emergency medical service provider" means a member of a public
or private emergency medical service agency, whether that person is a volunteer
or receives compensation for services rendered as such emergency medical service
provider.
2. "Rescue specialist" means a member of a public or private rescue
agency, whether that person is a volunteer or receives compensation for service
rendered as such rescue specialist. (Ord. O-97-13 § 2, 1997; Ord. O-94-33
§ 8, 1994; Ord. O-74-1 § 1 (part), 1974).
9.10.030 Resisting arrest-Escaping-Rescuing a prisoner.
A. It is unlawful for any person to prevent or attempt to prevent a peace officer,
acting under color of his official authority, from effecting an arrest of any
person 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 substantial risk of causing physical
injury to the peace officer or another.
B. "Peace officer" as used in this section, means any person defined
as a peace officer by Section 16-2.5-101, Colorado Revised Statutes, who is
in uniform or, if out of uniform, one who has identified himself by displaying
his credentials as a peace officer to the person whose arrest is being attempted.
C. A peace officer is "acting under color of sufficient authority"
when, in the course of his duties, he is called upon to make or does in fact
make a good faith judgment based on surrounding facts and circumstances that
an arrest should be made. It is no defense to a prosecution under this section
that the arrest was unlawful if the peace officer was acting under color of
his official authority and did not use unreasonable or excessive force in effecting
the arrest.
D. It is unlawful for any person to escape or attempt to escape from the custody
of a police officer, or in any manner aid another to escape who is in the custody
of a peace officer, or to rescue or attempt to rescue a person from the custody
of a peace officer or from the custody of any person aiding such peace officer;
provided, however, the provisions of this section shall not apply whenever the
escapee is being held on account of a felony or charged with or held for any
felony. (Ord. O-2004-35 § 3, 2004; Ord. O-2002-46 § 1, 2002; Ord.
O-94-33 § 9, 1994; Ord. O-77-16 § 1, 1977; Ord. O-74-1 § 1 (part),
1974).
9.10.040 Disobeying an order of a police officer or fireman-Refusing
to aid a police officer.
A. It is unlawful for any person to knowingly disobey the lawful or reasonable
order of any police officer, fireman, emergency personnel or military personnel
given incident to the discharge of the official duties of such police officer
or fireman, or incident to the duties of emergency personnel or military personnel
when coping with an emergency, explosion or other disaster.
B. A person commits an unlawful act when, upon command by a person known to
him as a police officer, he unreasonably refuses to aid such police in coping
with any emergency situation. (Ord. O-74-1 § 1 (part), 1974).
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