§ 131.01 ASSAULT AND BATTERY.

(A) An ASSAULT is any intentional, willful, or unlawful attempt or offer with force or violence to do a corporal hurt to another.

(B) A BATTERY is any intentional, willful, or unlawful use of force or violence upon the person of another, or by making any physical contact with another without consent.

(C) It is unlawful to commit an assault, a battery, or an assault and battery within the jurisdiction of the town. Any person committing an assault, a battery, or an assault and battery within the jurisdiction of the town, shall be guilty of an offense.

(Prior Code, § 10-501) Penalty, see § 10.99

§ 131.02 LAWFUL USE OF FORCE.

To use or to attempt to offer to use force upon or toward the person of another is not unlawful in the town in the following cases:

(A) When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting him or her or acting by his or her direction;

(B) When necessarily committed by any person in arresting one who has committed any felony, and delivering him or her to a public officer competent to receive him or her in to custody;

(C) When committed either by the party about to be injured, or by any other person in his or her aid or defense, in preventing or attempting to prevent an offense against his or her person, or any trespass or other unlawful interference with real or personal property in his or her lawful possession; provided the force used is not more than sufficient to prevent such offense, and that the same shall be necessary for the self-defense of his or her person or property;

(D) When committed by a parent or authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his or her child, ward, apprentice, or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice, or scholar, or by his or her refusal to obey the lawful command of such parent or authorized agent or guardian, master, or teacher, and the force used is reasonable in manner and moderate in degree;

(E) When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, interurban car, vessel, or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is sufficient to expel the offending passenger, with a reasonable regard to his or her personal safety; and

(F) When committed by any person in preventing a person who is impaired by reason of mental retardation or developmental disability as defined by the state statutes, a mentally ill person, insane person, or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to such person’s self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person.

(Prior Code, § 10-502) (Ord. 984, passed 4-18-2011)

§ 131.15 RESISTING AN OFFICER.

(A) It is unlawful to resist, oppose, or assault, or in any way interfere with a police officer or any person duty authorized to act as such, while the officer or person is discharging or attempting to discharge his or her official duties within the limits of the town.

(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 or her 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 or her 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 or her and after notice is given that he or her 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 or she is under arrest; or

(3) Refusal by the arrested party to give his or her name and make his or her identity known to the arresting officer.

(Prior Code, § 10-601)

§ 131.16 REFUSING OR FAILING TO ASSIST AN OFFICER.

(A) An officer of the town making or about to make an arrest, or executing or about to execute a warrant or other process, in accordance with the ordinances of the town or with state or federal law, or suppressing or about to suppress a riot, affray, or unlawful assembly, may call upon person or persons to assist him or her in making such arrest, executing such process or suppressing such riot, affray, or unlawful assembly.

(B) It is unlawful for any person lawfully called upon thus to assist an officer of the town to refuse or fail to do so.

(Prior Code, § 10-602) Penalty, see § 10.99

§ 131.17 ASSAULT OR BATTERY UPON POLICE OR OTHER LAW OFFICER.

It is unlawful for any person to knowingly commit any assault, battery, or assault and battery upon the person of a police officer or other officer of the law while in the performance of his or her duties.

(Prior Code, § 10-603) Penalty, see § 10.99

§ 131.18 RESCUING PRISONERS.

It is unlawful for any person, in any illegal manner, to set at liberty, rescue, or attempt to set at liberty, any prisoner or prisoners, from any law enforcement personnel, police officer, or employee of the town having legal custody of the same or from the town jail or other place of confinement by the town, or to assist such prisoner in any manner to escape from such prison or custody either before or after conviction, including escape from a vehicle of confinement.

(Prior Code, § 10-604) Penalty, see § 10.99

§ 131.19 ESCAPE OF PRISONERS.

It is unlawful for any person confined in the town jail or other place of confinement by the town, or working upon the streets or other public places of the town in pursuance of any judgment, or otherwise held in legal custody by authority of the town or other judicial or law enforcement authority, to escape or attempt to escape from any such jail, prison, or custody.

(Prior Code, § 10-605) Penalty, see § 10.99

§ 131.20 IMPERSONATING AN OFFICER OR EMPLOYEE.

It is unlawful for any person to impersonate any officer or employee of the town, falsely represent himself or herself to be an officer or employee of the town, or exercise or attempt to exercise any of the duties, functions, or powers of an officer or employee of the town without being duly authorized to do so.

(Prior Code, § 10-606) Penalty, see § 10.99

§ 131.21 FALSE ALARMS.

It is unlawful for any person to turn in a false alarm of any nature or in any manner to deceive or attempt to deceive a Fire Department, Emergency Management Department, Civil Defense Department, Emergency Response Department, Police Department, Sheriff’s Department, any other entity, agency, or department with jurisdiction, or any officer or employee thereof, with reference to any fire alarm or reported fire, accident, or other emergency, or knowingly to cause any of the above listed departments or any other agency or department with jurisdiction, or officer or employee thereof, to make a useless run.

(Prior Code, § 10-607) Penalty, see § 10.99

§ 131.22 FALSE REPRESENTATION TO AN OFFICER.

It is unlawful for any person, firm, or corporation, or any agent or employee thereof, knowingly to make any material misrepresentation to any officer, employee, or agency of the town government in any official application to, or official dealing or negotiation with, such officer or agency; or to commit perjury before any tribunal or officer of the town.

(Prior Code, § 10-608) Penalty, see § 10.99

§ 131.23 REMOVAL OF BARRICADES.

It is unlawful for any person except by proper authority to remove any barricade or obstruction placed by authority of the town to keep traffic off any pavement, street, curb, sidewalk, or other area.

(Prior Code, § 10-609) Penalty, see § 10.99

§ 131.24 RESISTING PUBLIC OFFICIALS.

It is unlawful for any person knowingly or willfully to:

(A) Resist, oppose, or obstruct the Chief of Police, any other police officer, the Municipal Judge, or any other officer or employee of the town in the discharge of his or her official duties;

(B) Threaten or otherwise intimidate or attempt to intimidate any such officer or employee from the discharge of his or her official duties; or

(C) Assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent language toward or about, any such officer or employee while such officer or employee is in the discharge of his or her official duties.

(Prior Code, § 10-610)

§ 131.25 INTERFERENCE WITH EMERGENCY MEDICAL TECHNICIANS OR CARE PROVIDERS.

Every person who willfully delays, obstructs, or in any way interferes with an emergency medical technician or other emergency medical care provider in the performance of or attempt to perform emergency medical care and treatment or in going to or returning from the scene of a medical emergency, upon conviction, is guilty of an offense against the town and a violation of this code.

(Prior Code, § 10-611) Penalty, see § 10.99

§ 131.26 OFFENSES AGAINST EMTS AND OTHER CARE PROVIDERS.

Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery, or assault and battery upon the person of an emergency medical care provider who is performing medical care duties, upon conviction, is guilty of an offense against the town and a violation of this code. As used in this section, EMERGENCY MEDICAL CARE PROVIDER means doctors, residents, interns, nurses, nurses’ aides, ambulance attendants and operators, paramedics, emergency medical technicians, emergency management personnel, and members of a hospital security force.

(Prior Code, § 10-612) Penalty, see § 10.99

§ 131.27 FIREFIGHTERS, INTERFERENCE WITH THE PERFORMANCE OF DUTIES.

Any person or persons acting in concert with each other who knowingly and willfully interfere with, molest, or assault firefighters in the performance of their duties, or who knowingly and willfully obstruct, interfere with or impede the progress of firefighters to reach the destination of a fire, is guilty of an offense against the town and a violation of this code.

(Prior Code, § 10-613) Penalty, see § 10.99

§ 131.28 INTERFERING WITH OR PREVENTING FIREFIGHTERS OR OTHERS FROM EXTINGUISHING FIRES.

Every person who, at any burning of a building, is guilty of any disobedience to lawful orders of any public officer or a firefighter, or of any resistance to or interference with the lawful efforts of any firefighter or company of firefighters to extinguish the same, or of any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents, or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor.

(Prior Code, § 10-614) Penalty, see § 10.99

§ 131.29 OBSCENE AND HARASSING TELEPHONE CALLS AND OTHER ELECTRONIC TRANSMISSIONS.

(A) It shall be unlawful for a person to, by means of a telephone, willfully either:

(1) Make any comment, request, suggestion, or proposal which is obscene, lewd, filthy, or indecent;

(2) Make a telephone call, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;

(3) Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with the intent to annoy, abuse, threaten, or harass any person at the called number;

(4) Knowingly permit any telephone under his or her control to be used for any purpose prohibited by this section; and

(5) In conspiracy or concerted action with other persons, make repeated calls or simultaneous calls solely to harass any person at the called number(s).

(B) (1) Use of a telephone facility under this section shall include all use made of such a facility between the points of origin and reception.

(2) Any offense under this subchapter is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.

(C) No person, through the use of any electronic method of transferring information, including, but not limited to, any computer, computer network, computer program, computer system, or cellular telephone shall post a message, including posts on the Internet or a computer network, send electronic mail, an instant message, a text message, a personal digital assistant message, or a pager message, or otherwise willfully communicate using a computer or other method of electronic information transmission with any person with an intent to annoy, abuse, threaten, or harass such person. Neither shall any person make any suggestion or communication using an electronic method of transferring or posting information which is obscene, lewd, filthy, or indecent, or with any intent to put the person contacted in fear of physical harm or death.

(Prior Code, § 10-615)

§ 131.30 TRUANCY.

(A) It shall be unlawful for any child who is over the age of 12 years and under the age of 18 years, and who has not finished four years of high school work, to neglect or refuse to attend and comply with the rules of some public, private, or other school, or receive an education by other means for the full term the schools of the district are in session; provided, that this section shall not apply if any child:

(1) Is prevented from attending school by reason of mental or physical ability, to be determined by the Board of Education of the district upon a certificate of the school physician or public health physician or, if no such physician is available, a duly licensed and practicing physician;

(2) Is excused from attendance at school, due to an emergency, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian, or other person having control of such child; and

(3) Who has attained his or her sixteenth birthday is excused from attending school by the school administrator in the school district where the child attends school, and the parent, guardian, or custodian of the child unless and until it has been determined that such action is for the best interest of the child and/or the community, and that such child shall thereafter be under the supervision of the parent, guardian, or custodian until the child has reached the age of 18.

(B) Any child under the age of 18 years who has been deemed truant by the school administrator in the school district where the child attends school shall be subject to citation by a law enforcement officer. A citation for truancy shall require a mandatory appearance in Municipal Court by the child. A parent, guardian, or custodian shall also appear in Municipal Court with the child.

(Prior Code, § 10-616)