HomeMy WebLinkAboutOrd.1805.10-16-1995 �
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BILL NO. 95-236 ORDINANCE NO. ����--'
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY
CODE RELATING TO RESISTING OR INTERFERING WITH
ARREST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 17-180 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Resisting or
Interfering With Arrest" , reading as follows:
Sec. 17-180. Resisting or interferinq with arrest.
(a) A person commits the offense of resisting or
interfering with arrest if, knowing that a law
enforcement officer is making an arrest, for the purpose
of preventing the officer from effecting the arrest, he
resists the arrest of himself by fleeing from such
officer.
(b) This section applies to arrests with or without
warrants and to arrests for any ordinance violation or
crime other than a felony.
(c) It is no defense to a prosecution under
subsection (a) of this section that the law enforcement
officer was acting unlawfully in making the arrest.
However, nothing in this section shall be construed to
bar civil suits for unlawful arrest.
is hereby repealed in its entirety and a new Section 17-180
entitled "Resisting or Interfering With Arrest" , is hereby enacted
in lieu thereof, in words and figures, to read as follows:
Sec. 17-180. Resistinq or interferinq with arrest.
(a) A person commits the crime of resisting or
interfering with arrest if, knowing that a law
enforcement officer is making an arrest, for the purpose
of preventing the officer from effecting the arrest, he:
(i) Resists the arrest of himself by using or
threatening the use of violence or physical
force or by fleeing from such officer; or
(ii) Interferes with the arrest of another person
by using or threatening the use of violence,
physical force or physical interference.
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(b) This section applies to arrests with or without
warrants and to arrests for any crime or ordinance
violation.
(c) It is no defense to a prosecution under
subsection (a) of this section that the law enforcement
officer was acting unlawfully in making the arrest.
However, nothing in this section shall be construed to
bar civil suits for unlawful arrest.
ARTICLE 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3 . It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4 . This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS �,u` �i�.. DAY OF %C.��%t1;-�%",'�? �'� �
A. M. Spradling, III, yor
ATTEST:
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Gayle L. Conrad
Deputy City Clerk