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HomeMy WebLinkAboutOrd.135.03-07-1984 � • � . _ . . � . ,< BILL N0. 84-23 ORDINANCE NO. 1�� ✓� AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ESTABLISHING A NEW CHAPTER 18, ARTICLE VIII PERTAINING TO OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE AND OFFENSES AFFECTING GOVERNMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: SECTION l. Chapter 18 of the Code of Ordinances of the City of Cape Girardeau, Missouri is hereby amended by adding the following: ARTICLE VIII. OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE AND OFFENSES AFFECTING GOVERNMENT Sec. 18-115. Definitions. The following definitions shall apply to this Article: l. "Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths; 2. "Government" means any branch or agency of the govern- ment of this state or of any political subdivision thereof; 3 . "Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court; 4 . "Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror; 5 . "Official proceeding" means any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation; 6 . "Public record" means any document which a public servant is required by law to keep; 7 . "Witness" means any natural person: (a) Having knowledge of the existence or nonexistence of facts relating to any crime; or ,;j �,`��t����. (b) Whose declaration under oath is received as evidence for any purpose; or (c) Who has reported any crime to any peace officer or prosecutor; or (d) Who has been served with a subpoena issued under the authority of any court of this state. 8 . "Victim" means any natural person against whom any crime is deemed to have been perpetrated or attempted. Sec. 18-116. False Affidavit. A person commits the offense of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which said affidavit is made. Sec. 18-117. False Declarations. A person commits the offense of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he: l. Submits any written false statement, which he does not believe to be true A. In an application for any pecuniary benefit or other consideration; or B. On a form bearing notice, authorized by law, that false statements made therein are punishable; or 2 . Submits or invites reliance on A. Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or B. Any sample, specimen, map, boundary mark, or other object which he knows to be false. Sec. 18-118. False Reports. A person commits the offense of making a false report if he knowingly: 1 . Gives false information to a law enforcement officer for the purpose of implicating another person in an ordinance violation or crime; or 2 . Makes a false report to a law enforcement officer that an ordinance violation or crime has occurred or is about to occur; or 2. 3. Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other in- cident calling for an emergency response has occurred. Sec. 18-119 . False Bomb Report. A person commits the offense of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle. Sec. 18-120. Tampering With Physical Evidence. A person commits the offense of tampering with physical evidence if he: 1. Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or 2 . Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official pro- ceeding or investigation. Sec. 18-121. Tampering With a Public Record. A person cammits the offense of tampering with a public record if with the purpose to impair the verity, legibility or availability of a public record: l. He knowingly makes a false entry in or falsely alters any public record; or 2 . Knowing he lacks authority to do so, he destroys, supresses or conceals any public record. Sec. 18-122. False Impersonation. A person commits the offense of false impersonation if he: 1. Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts, and A. Performs an act in that pretended capacity; or 3. J• ^ B. Causes another to act in reliance upon his pre- tended official authority; or 2 . Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this state with purpose to induce another to rely upon such representation, and A. Performs an act in that pretended capacity; or B. Causes another to act in reliance upon such representation. Sec. 18-123. Simulating Legal Process. l. A person commits the offense of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered: (1) A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or (2) Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court. 2. This section shall not apply to a subpoena properly issued by a notary public. Sec. 18-124 . Resisting or Interfering With Arrest. 1. A person commits the offense of resisting or inter- fering with arrest if, knowing that a law enforcement officer is making an arrest, for the purpose of pre- venting the officer from effecting the arrest, he: (1) Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such officer; or (2) Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference. 2 . This section applies to arrests with or without warrants and to arrests for any crime or ordinance violation. Sec. 18-125. Interference With Lega1 Process. l . A person commits the offense of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such 4 . person from effecting the service of any process, he interferes with or obstructs such person. 2 . "Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court. Sec. 18-126. Refusal to Identify as a Witness. A person commits the offense of refusal to identify as a witness if, knowing he has witnessed any portion of a crime, ordinance violation, or of any other incident resulting in physical injury or substantial property damage, upon demand by a law enforcement officer engaged in the performance of his official duties, he refuses to report or gives a false report of his name and present address ta such officer. Sec. 18-127. Escape From Custody. A person commits the offense of escape from custody if, while being held in custody after arrest for any ordinance violation he escapes from custody. Sec. 18-128. Escape From Confinement. A person commits the offense of escape from confinement if, while being held in confinement after arrest for any ordinance violation, or while serving a sentence after conviction for any ordinance violation he escapes from confinement. Sec. 18-129. Failure to Return to Confinement. A person commits the offense of failure to return to confinement if, while serving a sentence for any ordinance violation under a work-release program, or while under sentence of any ordinance violation to serve a term of confinement which is not continuous, or while serving any other type of sentence for any ordinance violation wherein he is temporarily permitted to go at large without guard, he purposely fails to return to confinement when he is required to do so. Sec. 18-130 . Aiding Escape of a Prisoner. l . A person commits the offense of aiding escape of a prisoner if he: (1) Introduces into any place of confinement any thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein on the basis of a mis- demeanor or ordinance offense charge or conviction 5. or of facilitating the commission of any other ordinance offense or crime; or (2) Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner' s escape from custody or confinement. Sec. 18-131. Disturbing a Judicial Proceeding. A person commits the offense of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding, or the character of a judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding. Sec. 18-132 . Tampering With a Witness. A person commits the offense of tampering with a witness if, with purpose to induce a witness or a prospective witness in an official proceeding, other than a felony prosecution, to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, he: l . Threatens or causes harm to any person or property; or 2 . Uses force, threats or deception; or 3 . Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or 4 . Conveys any of the foregoing to another in furtherance of a conspiracy. Sec. 18-133. Tampering with a victim. A person commits the offense of tampering with a victim if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from: l. Making any report of such victimization to any peace officer, or state, local of federal enforcement officer or prosecuting agency or to any judge; 6. 2 . Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof; 3 . Arresting or causing or seeking the arrest of any person in connection with such victimization. Sec. 18-134. Acceding to Corruption. A person commits the offense of acceding to corruption if he is a witness or prospective witness in any official proceeding, other than a felony prosecution, and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that he will disobey a subpoena or other legal process, or absent himself or avoid subpoena or other legal process, or with- hold evidence, information or documents. Sec. 18-135. Obstructing Government Operations . A person commits the offense of obstructing government operations if he purposely obstructs, impairs, hinders or perverts the performance of a governmental function by the use or threat of violence, force, or other physical inter- ference or obstacle. Sec. 18-136. City Council Investigations - Disobeying Lawful Council Orders. It shall be unlawful for any person to fail or refuse to obey a lawful subpoena or order issued by the City Council of the City of Cape Girardeau in the exercise of its power to make investigations into the affairs of the City and the conduct of any City department, office or agency. Secs. 18-137 - 18-145 Reserved. SECTION 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. SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval . t� �.., � /'� PASSED AND APPROVED THIS � DAY OF �% �l� -�- L-�ti�� , 1984 . , , ATTEST: � �C`�� �� ,,� � MAYOR � i :,,'�_-�---C �.ft.. `�-t�,�-c � CITY CLERK 7.