It is unlawful to prevent or attempt to prevent a police officer, acting under of his official authority, from effecting an arrest of the actor or another by:

(a)   Using or threatening to use physical force or violence against the peace officer or another; or

(b)   Using any other means which creates a substantial risk of causing bodily injury to the peace officer of another.

(Ord. 487; Code 2003; Code 2015)

The term peace officer as used in this article means a law enforcement officer in uniform or, if out of uniform, one who has identified himself or herself by exhibiting his or her credentials as such law enforcement officer to the person whose arrest is attempted.

(Ord. 487; Code 2003; Code 2015)

It is no defense to a prosecution under this section if the peace officer was attempting to make an arrest which in fact was unlawful, if he or she was acting under color of his or her official authority or in attempting to make the arrest he or she was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts “under color of official authority” when, in the regular course of assigned duties, he or she 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 or her.

(Ord. 487; Code 2003; Code 2015)

A person convicted of a violation of this article shall be punished by a fine of not less than $500.00 nor more than $1,000.00 and by confinement in jail of not less than three (3) days nor more than 30 days.

(Ord. 487; Code 2003; Code 2015)