Chapter 7.72
INTERFERENCE WITH POLICE OR FIRE DEPARTMENT
Sections:
7.72.010 Interference with police.
7.72.020 Interference with Fire Department.
7.72.030 Resisting arrest.
7.72.040 Assaulting a public safety officer.
7.72.010 Interference with police.
A person commits a crime of interference with police if he/she intentionally interferes with any police officer or person duly empowered with police authority who is acting in the discharge of his/her duty if he/she:
(1) Knows, or has reason to know, a crime has been committed and:
(a) Warns a person who has committed a crime of impending discovery or apprehension, or
(b) Prevents or obstructs by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person, or
(c) Suppresses by any act of concealment, alteration or destruction, physical evidence which might aid in the discovery or apprehension of such person, or
(d) Knowingly makes a false oral or written statement to a police officer who is then in the course of conducting a criminal investigation;
(2) Offers or endeavors to assist any person in the custody of a police officer or a person duly empowered with police authority to escape or attempt to escape from such custody;
(3) Impersonates, falsely assumes or pretends to be a law enforcement officer;
(4) Uses or permits the use of property for planning or promoting criminal activities or violation of City ordinances;
(5) Operates any generator or electromagnetic wave or causes a disturbance of such magnitude as to interfere with the proper functioning of any police radio communication system of the City;
(6) Knowingly makes or files with the Police Department of the City any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime. (Ord. 5026 § 1, 1993; Ord. 4395 § 1, 1980; Ord. 2823 § 15, 1958).
7.72.020 Interference with Fire Department.
(1) No person shall intentionally give any false alarm of fire or aid or abet in the commission of such an act.
(2) It is unlawful for any person or persons to knowingly or willfully interfere with any member of the Fire Department in the lawful performance of their duties. For the purpose of this section, all members of the Fire Department are endowed with the same powers of arrest as those conferred upon peace officers for violations of the City ordinances.
(3) It is unlawful for any person or persons to tamper with any fire alarm boxes or with the wire or fastenings or any of the apparatus connected with the fire alarm system or with the fire engines, heaters, leaders, water supply, or anything connected with or pertaining to the City fire apparatus or wantonly to injure or impair the same of the City, or for any person to turn in any false fire alarm.
(4) It is unlawful for any person to lead, ride, or drive any horse or other animal or to operate any vehicle over or upon any fire hose or to disturb or injure in any manner any hose, engine, appliance or apparatus belonging to or used by the Fire Department. (Ord. 4536 § 1, 1982; Ord. 2823 § 16, 1958).
7.72.030 Resisting arrest.
(1) A person commits the crime of resisting arrest if he/she intentionally resists a person known by him/her to be a peace officer in making an arrest.
(2) “Resists,” as used in this section, means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to the arresting officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer lacked legal authority to make the arrest, provided he/she was acting under the color of his/her official authority. (Ord. 5026 § 1, 1993; Ord. 4918 § 2, 1990; Ord. 3603 § 17, 1972).
7.72.040 Assaulting a public safety officer.
(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace officer, corrections officer, or firefighter, and while such other person is acting in the course of official duty.
(2) Notwithstanding any other provisions of the Albany Municipal Code, a person convicted of assaulting a public safety officer shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole, probation or suspension of sentence before serving at least seven days of the sentence. (Ord. 4497 § 1, 1982).