Title 9 PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.04 OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
9.04.010 Resisting arrest.
A. It is unlawful for any person to intentionally prevent or
attempt 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;
2. Using any other means which creates a substantial risk of
causing physical injury to the peace officer or another.
B. It is no defense to prosecution under subsection A of this
section that the peace officer was attempting to make an arrest which in fact
was unlawful, if he was acting under color of his official authority and if in
attempting to make the arrest, he was not resorting to unreasonable or excessive
force giving rise to the right of self-defense.
C. A peace officer acts under color of his official authority
when, in the regular course of his 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. (Ord. 1987-11; Ord. 1985-13
§ 19; prior code § 7-5-3(A))