11.12.020 Resisting or interfering with a peace officer.
It is unlawful to resist arrest or interfere with a peace officer.
A. Resisting Arrest. A person resists arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting the actor’s arrest by:
1. Using or threatening to use physical force or violence against the peace officer; or
2. Using any other means which creates a risk of physical injury to the peace officer or another.
B. Interfering with a Peace Officer. A person interferes with a peace officer if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest or pursuing an investigation, by:
1. Using or threatening to use physical force or violence against the peace officer or another; or
2. Refusing or disobeying a request by the peace officer to withdraw from the immediate area of the peace officer to a reasonable distance from the officer to allow the peace officer to effect the arrest or pursue the investigation; or
3. Using any other means which create a risk of physical injury to the peace officer or another.
C. It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest or pursue an investigation which in fact was unlawful, if he was acting under color of his official authority. A peace officer acts under the 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 or investigation should be made by him.
D. The term “peace officer,” as used in this section, means the Chief of Police or any police officer in uniform or if out of uniform, one who has identified himself by exhibiting his credentials as the Parachute Chief of Police or a police officer to the actor, or one whom the actor knew was a Town peace officer at the time of the alleged offense.
E. Any violation of this section shall constitute a Class A municipal offense. (Ord. 200 §1, 1982; Amended Ord. 472 §10, 2003)