Loading...
HomeMy WebLinkAbout963_Resisting a Public OfficerTulsa County Clerk - EARLENE WILSON Doc # 2010025599 Page(s): 3 Recorded 03/30/2010 at 10:54 AM Receipt # 201289 Fee $17.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 963 AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10- 601, RESISTING A POLICE OFFICER, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY MAKING IT UNLAWFUL TO RESIST A PUBLIC OFFICER THROUGH THE USE OF PHYSICAL FORCE WHILE THE OFFICER IS WITHIN THE DISCHARGE OF THE OFFICER'S DUTIES AND RENUMBERING ALL ORDINANCES CONTAINED IN PART 10, CHAPTER 6 OF THE CITY OF OWASSO'S CODE OF ORDINANCES. THIS ORDINANCE AMENDS PART 10, CHAPTER 6, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 10 -601 AND RENUMBERING THE ORDINANCES CONTAINED IN PART 10, CHAPTER 6 OF THE CODE AS FOLLOWS: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Offenses against Public Authority, Section 10 -601, Resisting a Police Officer, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: Section 10 -601 currently reads as follows: A. It is unlawful to resist, oppose or assault, or in any way interfere with the police chief or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits of the city. B. It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer. C. Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity, and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity. D. The words "obstruction of 'shall, in addition to their common meaning, include: 1. Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest; 2. Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is under arrest; or 3. Refusal by the arrested party to give his name and make his identity known to the arresting officer. Section 10 -601 shall be renumbered as 10 -612 and shall be amended to read as follows: SECTION 10 -612 RESISTING A PUBLIC OFFICER It shall be unlawful for any person to knowingly resist, by the use of force or violence, any public officer in the performance of the public officer's duties. SECTION TWO (2): RENUMBERING PART 10, CHAPTER 6 Part 10, Offenses and Crimes, Chapter 6, Offenses against Public Authority, shall be renumbered as follows: Section 10 -601 False Alarms Section 10 -602 Removal of Barricades Section 10 -603 Rescuing Prisoners Section 10 -604 Escape of Prisoners Section 10 -605 Assisting Escape of Prisoners Section 10 -606 Unlawful Communication with Prisoners Section 10 -607 Eluding a Police Officer Section 10 -608 Impersonating an Officer or Employee Section 10 -609 False Representation to an Officer Section 10 -610 Refusing or Failing to Assist an Officer Section 10 -611 Assault of Battery upon a Police or Other Law Officer Section 10 -612 Resisting a Public Officer Section 10 -613 Interference Section 10 -614 Obstruction SECTION THREE (3): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION This ordinance, as amended, shall be codified in Part 10, Chapter 6, as section 10 -612 in the Owasso Code of Ordinances, and the entire chapter codified in Part 10, Chapter 6, shall accordingly be renumbered as shown above. PASSED by the City Council of the City of Owasso, Oklahoma on the I QV i 1,- day of March, 2010. Cataudella, Mayor ATTEST: CIAL AL Sherry Bishop, Cit lerk SEAL APPROVED as to form and legality this I day of March, 2010. Jute Lombardi City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 963 99819 t',iblished In the Owasso Reporter, Owasso, Tulsa County, Okla - lii�ma, March 25, 2010. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 963 PUBLICATION DATE(S) AN ORDINANCE RELATING TO PART 10, OFFENSES & 03/25/10 CRIMES, CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10 -601, RESISTING A POLICE OF- FICER, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY MAKING IT UNLAWFUL TO RESIST A PUBLIC OFFICER THROUGH THE USE OF PHYSICAL FORCE WHILE THE OFFICER IS CASE, NUMBER: ORD NO. 963 WITHIN THE DISCHARGE OF THE OFFICER'S DUTIES AND RENUMBERING ALL ORDINANCES CONTAINED IN PART 10, CHAPTER 6 OF THE CITY OF OWASSO'S CODE OF ORDINANCES. I HIS ORDINANCE AMENDS PART 10, CHAPTER 6, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 10 -601 AND RENUMBERING THE ORDINANCES M) NUMBER: 00099819 CONTAINED IN PART 10, CHAPTER 6 OF THE CODE AS FOL- IOWS: 13F IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: LEGAL NOTICE SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Oucnses against Public Authority, Section 10 -601, Resisting a Po- Ice Officer, of the Code of Ordinances of the City of Owasso, STATE ATE OF OKLAHOMA Oklahoma, shall be amended as follows: SS COUNTY Section 10 -601_c Irrently reads as follows n. It is unlawful to resist, oppose or assault, or in any way in- terfere with the police chief or any person duly authorized 1. of lawful age, being duly sworn, am a legal representative of to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of the city. Of In Tulsa, Oklahoma, a newspaper CIUalI- 13. It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an f led to publish legal notices, advertisements and as officer seeking to make an arrest or for any person to bar publications or lock any door or barrier in the face of or in front of an provided in Section 106 of Title 25, Oklahoma Statutes 1971 approaching officer. and 1982 as amended, and thereafter, and complies with all c. Resisting an officer is the intentional opposition or resis- o1her requirements of the laws of Oklahoma with reference to tance to, or obstruction of, an individual acting in his offi- cial capacity, and authorized by law to make a lawful ar- lcS1al publications. That said notice, a true copy of which is rest or seizure of property, or to serve any lawful process or courl order, when the offender knows or has reason to attached hereto was published in the regular edition of said know that the person arresting, seizing property, or serv- ing process is acting in his official capacity. newspaper during the period and time of publication and not in I, the words "obstruction of" shall, in addition to their com- a supplement, on the ABOVE LISTED DATE(S) men meaning, inowde: 1. flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest; 7. Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is under arrest; or Repre\sentative Signature 3. Refusal by the arrested party to give his name and make his identity known to the arresting officer. Section 10 -601 shall be renumbered as 10 -612 and shall be SUbscribed to and sworn to me this 26th day of March, 2010. amended to read as follows: SECTION 10 -612 RESISTING A PUBLIC OFFICER It shall be unlawful for any person to knowingly resist, by the use of force or violence, any public officer in the per- formance of the public officer's duties. NANCY CAROL MOORS SECTION TWO (2): RENUMBERING PART 10, CHAPTER 6 I'an 10, Offenses and Crimes, Chapter 6, Offenses against Public My commission number: 06011684 /Authority, shall be renumbered as follows: Section 10 -601 False Alarms My Commission expires: December 8, 2010 Section 10 -602 Removal of Barricades Section 10 -603 Rescuing Prisoners Section 10 -604 Escape of Prisoners Section 10 -605 Assisting Escape of Prisoners C LISIorner #: 00000779 Soctlon 10 -606 Unlawful Communication with Prisoners Section 10 -601 Fluding a Police Officer Customer: CITY OF OWASSO Section 10 -608 Impersonating an Officer or Employee Section 10 -609 False Representation to an Officer Section 10 -610 Refusing or Failing to Assist an Officer 10 -511 Assault of Battery upon a Police or Other Law officer Publisher's Fee: 183.40 n NANCY Resisting a Public Officer 10 -613 Interference Section 10 -614 Obstruction SECTION THREE (3): REPEALER All ordinances, or parts of ordinances, in conflict with this ordi- nance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITV It any part or parts of this ordinance are deemed unconstitutional, rinvalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. MEMORANDUM APPR0VW BY COUNCIL TO: THE HONORABLE MAYOR AND CITY COUNCIL MAR 16 2010 CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ORDINANCE NO. 963 — RESISTING A PUBLIC OFFICER DATE: March 12, 2010 BACKGROUND: Proposed ordinances have been presented to the City Council for consideration which would repeal the City's current ordinance entitled "Resisting Public Officials" and adopt three individual ordinances prohibiting persons from resisting, interfering and obstructing public officer's while such officer is discharging their official duties. The primary reasons for this action are: 1) In an effort to align our local Code of Ordinances with statutory state law; 2) To enable and authorize prosecution of selected offenses within the City of Owasso's Municipal Court System rather than by referral to the District Attorney for prosecution in the District Court of Tulsa County; and 3) To better enable the Owasso Police Department in its efforts to provide law enforcement services. The Police Department has noted ordinances contained in Part 10, Chapter 6, which are overlapping, unclear, or different than the corollary state statute. In an effort to resolve these omissions and disparities within our Code, amendment and enactment of the ordinances discussed below is recommended. Adoption of the proposed ordinances allows offenders to be prosecuted within our municipal court rather than requiring that the matter be forwarded to the Tulsa County District Attorney, and provides greater clarity to an officer in making an arrest. While the Police Department has authority to issue citations or make arrests for violations of state statutes, including those discussed below, the matter cannot be prosecuted within Owasso's Municipal Court System. This issue is of importance because the District Attorney has declined to prosecute various offenses in a number of instances, thereby leaving the Owasso Police Department without an alternative avenue of prosecution. The department has been hampered in its efforts to prevent certain types of conduct because the current Owasso Code of Ordinances does not clearly or adequately address or prohibit the conduct, and the District Attorney is reluctant to prosecute these types of matters due to time, personnel and money constraints, as well as overcrowded dockets within the State court system. As a result, officers within our department are unable to effectively enforce the law. In addition to these concerns, officers are at times unable to make justifiable and valid arrests because the current Owasso Code of Ordinances does not contain a clear ordinance prohibiting the unlawful conduct. In that instance, the department is faced with the choice of either declining to make the arrest or arresting the offender for an offense which is "close to" the offending conduct but which does not precisely prohibit the offender's actions. Prosecution under a "close to" offense consistently is subject to dismissal within the court system and thereby inhibits and obstructs the department's efforts to provide effective law enforcement services. Finally, and quite significantly, clearly worded ordinances which precisely state the conduct to be prohibited, and which mirror the state statute prohibiting this conduct, are much less likely to lead to legal actions and litigation when arrests for these offenses are made. A municipality's chances of prevailing in a lawsuit arising out of an arrest for conduct clearly prohibited by an ordinance which is clearly understood and contains the same language as its corollary within the state's statutes are notably increased. DISCUSSION OF PROPOSED ORDINANCES: Ordinance No. 963 - Resisting a Public Officer 10 -612; Renumbering of Part 10, Chapter 6 This ordinance is designed to prohibit resistance through the use of force or violence upon a public officer during performance of the officer's duties. This proposed ordinance would address unlawful conduct, including force or violence from the person whom the officer is addressing or arresting. In addition to the prohibition of resistance, this ordinance proposes that each of the ordinances contained within Part 10, Offense and Crimes, Chapter Six, Offenses against Public Authority, be renumbered as proposed therein. Such renumbering will simplify and clarify Chapter 6 in a logical and cohesive manner. Ordinance No. 964 - Interference 10 -613 This section is intended to prohibit interference, by any person, with a public officer while the officer is in the discharge of his or her official duties. This proposed ordinance would target unlawful conduct constituting interference from a third party during an officer's contact with or arrest of another person. Ordinance No. 965 - Obstruction 10 -614 This ordinance is intended to prevent the delay or obstruction of any public officer while such officer is discharging his or her duties. This proposed ordinance seeks to prohibit unlawful conduct constituting a willful delay or obstruction of any public officer in the performance of the officer's duties. This proposed ordinance, like the related state statutes, is similar to the Resisting a Public Officer ordinance above but does not require that the conduct include force or violence. Ordinance No 966 - Repeal of Section 10 -612 Resisting Public Officials If the three proposed ordinances set forth above are adopted by the City Council, the subject matter contained within current Section 10 -612, Resisting Public Officials, will be redundant and thereby rendered unnecessary. Therefore, it is recommended that the current Section 10 -612, Resisting Public Officials, be repealed. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 963. ATTACHMENTS: A. Ordinance No. 963 - Resisting a Public Officer