§ 42-52. Resisting, obstructing and refusing to aid officers.  


Latest version.
  • (a)

    Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

    Obstructs includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his duty, including the service of any summons or civil process.

    Officer means a peace officer or other public officer or public employe having the authority by virtue of his office or employment to take another into custody.

    (b)

    Resisting, obstructing prohibited. No person shall knowingly resist or obstruct an officer while such officer is doing any act in an official capacity and with lawful authority.

    (c)

    Refusal to aid prohibited.

    (1)

    No person shall, without reasonable excuse, refuse or fail, upon command, to aid any person known by the person to be a peace officer unless under the circumstances the officer was not authorized to command such assistance.

    (2)

    No person shall when so requested by a peace officer of the village refuse to assist an officer in carrying out his duties while such officer is doing any act in his official capacity and with lawful authority.

    (d)

    Disobedience to instructions prohibited. No person shall disobey the instruction of any peace officer of the village while such officer is acting in his official capacity and with lawful authority.

    (e)

    Penalty. Any person who violates any part of this section shall upon conviction forfeit not less than $500.00 along with prosecution costs and state mandated costs/surcharges to the extent allowed by law.

(Code 1989, § 10.11; Ord. No. 08-02-10-01, § 1, 8-2-2010)