[Adopted as Ch. 70, Art. VI, of the Code of Ordinances]
A.
Resisting, evading or obstructing an officer consists of:
(1)
Knowingly obstructing, resisting or opposing any officer of this
state or any other duly authorized person serving or attempting to
serve or execute any process or any rule or order of any of the courts
of this state or any other judicial writ or process;
(2)
Intentionally fleeing, attempting to evade or evading an officer
of this state when the person committing the act of fleeing, attempting
to evade or evasion has knowledge that the officer is attempting to
apprehend or arrest him;
(3)
Willfully refusing to bring a vehicle to a stop when given a visual
or audible signal to stop, whether by hand, voice, emergency light,
flashing light, siren or other signal, by a uniformed officer in an
appropriately marked police vehicle; or
(4)
Resisting or abusing any judge, magistrate or peace officer in the
lawful discharge of his duties.
B.
Whoever commits resisting, evading or obstructing an officer is guilty
of a misdemeanor.
No person shall fail or refuse to obey or comply with a lawful
order of any police officer in the performance of his duty or refuse
to aid or assist, without justifiable cause, any police officer in
the execution of his office when called upon to do so in any criminal
case, or in the preservation of the peace, or in the apprehending
or securing of any person for the breach of the peace.
It shall be unlawful for any person to conceal his true name
or identity or disguise himself with intent to obstruct the due execution
of the law or with intent to intimidate, hinder or interrupt any public
officer or any other person in a legal performance of his duty or
the exercise of his rights under the laws of the United States or
of the state or of the City.
It shall be unlawful for any person:
A.
No person shall make or cause to be made any false report or complaint
to the Chief of Police, the Municipal Judge, the Police Department
or any officer thereof, knowing the same to be false, for the purpose
of or with the intention, not in good faith, to vex, harass or injure
any other person, or for any purpose whatsoever.
B.
No person shall give or cause to be given or turn in a false alarm
of fire, knowing the same to be false, nor shall any person knowingly
aid or assist in any manner in creating a false alarm of fire.
It shall be unlawful to display on any vehicle, whether moving
or parked, the words "police," "police department," "Española
Police Department," "fire department," "Española Fire Department,"
or words or insignia of similar import without the authority of the
City Council; provided, however, that nothing in this section shall
apply to any state police, county sheriff, or county fire department
vehicles.
A.
It shall be unlawful for any person arrested on, charged with or
convicted of a misdemeanor or other crime, who is confined in jail
or prison, or who has otherwise been lawfully committed to jail or
who is in the custody of any police officer or other person, to escape
or attempt to escape from such jail or prison, or from the custody
of such officer or other person having him in lawful custody.
B.
It shall be unlawful for any person to aid or assist any person confined
in jail or prison to escape or attempt to escape from such confinement,
nor shall any person aid or assist any person in the custody of any
police officer or other person having him in lawful custody to escape
or attempt to escape from such officer or other person.
It shall be unlawful for any person to intentionally and without
lawful authority rescue any person lawfully in custody or confinement.
It shall be unlawful to intentionally:
A.
Place an officer or employee of any penal institution, reformatory,
jail or prison farm or ranch, or a visitor therein, in apprehension
of an immediate battery likely to cause bodily harm;
B.
Cause or attempt to cause bodily harm to an officer or employee of
any penal institution, reformatory, jail or prison farm or ranch,
or a visitor therein; or
C.
Confine or restrain an officer or employee of any penal institution,
reformatory, jail or prison farm or ranch, or a visitor therein, with
intent to use such person as a hostage.
Assault upon a peace officer consists of:
A.
An attempt to commit a battery upon the person of a peace officer
while he is in the lawful discharge of his duties; or
B.
Any lawful act, threat, or menacing conduct which causes a peace
officer, while he is in the lawful discharge of his duties, to reasonably
believe that he is in danger of receiving an immediate battery.
