Chapter 9.12
OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
Sections:
9.12.010 Impersonating a peace officer.
9.12.020 Interference with peace officer.
9.12.030 Delivery of goods to persons confined in city holding cell.
9.12.040 Aiding escape of prisoners from custody.
9.12.050 Fire department equipment.
9.12.060 Directions of park officers or officers of the police department to be obeyed.
9.12.070 Interfering in emergencies.
9.12.080 Authority to restrict access to certain areas.
9.12.090 Destruction of official notices and signs.
9.12.100 Mutilation of traffic citations.
9.12.110 Taking, retention or mutilation of public records.
9.12.010 Impersonating a peace officer.
Except for peace officers performing official duties, it is unlawful for any person:
A. To represent himself to be a peace officer, either by words, conduct or appearance;
B. To possess or display the badge, identification or other credential of a peace officer, or any imitation or copy thereof, or to use the word “police” or the seal of the city on any insignia or badge;
C. To wear the official uniform of a peace officer or any distinctive part of such uniform;
D. To own or operate a motor vehicle marked or identified by the word “police” or any other marking or insignia identifying it as a police vehicle. (Ord. 763 § 5-111, 1989)
9.12.020 Interference with peace officer.
A. For purposes of this section:
1. “Arrest” means to place a person under actual or constructive restraint for the purpose of charging him with an offense.
2. “Custody” means to place a person under actual or constructive restraint pursuant to a court order or for other lawful purpose.
3. “Stop” means a temporary restraint of a person’s liberty, by a peace officer lawfully present in a place, when the officer reasonably suspects that the person is committing or has committed a criminal offense, or when the officer reasonably believes that the person is in need of attention pursuant to ORS 397, or when the officer reasonably believes that the person is the subject of service of a valid court order.
4. “To leave the area of an arrest, custody or stop” means to physically move to a location not less than ten feet extending in a radius from where a police officer is engaged in effecting an arrest, taking a person into custody, or stopping a person; provided, that the peace officer may extend the radius beyond ten feet when he reasonably believes that the extension is necessary because of substantial risk of physical injury to any person.
B. No person shall refuse to leave the area of an arrest, custody or stop, or, having left that area, re-enter it, after being directed to leave the area by a person known by him to be a peace officer.
C. No person shall operate a generator of electromagnetic waves or otherwise cause a disturbance of such magnitude as to interfere with the proper functioning of any police radio, telephone, computer or other communication system of the city.
D. It is unlawful to knowingly or recklessly shine, project or otherwise cause or allow a laser light to be used upon the person of a police officer, firefighter, or other city officer, or upon a police dog, in such a manner that might reasonably cause injury to anyone or interfere with the discharge of official duties. Any device used for focusing a narrow, intense beam of light by means of amplification or concentration shall be considered a laser light. (Ord. 911 § 1, 1999; Ord. 875 § 3(H) (part), 1997; Ord. 763 § 5-112, 1989)
9.12.030 Delivery of goods to persons confined in city holding cell.
No person shall give, sell or deliver any article to a person in city holding cell without the prior consent of the officer in charge. (Ord. 1055 § 1, 2016: Ord. 763 § 5-113, 1989)
9.12.040 Aiding escape of prisoners from custody.
A. No person shall knowingly aid or attempt to aid in the escape of a confined prisoner or make available to him anything calculated to aid an escape.
B. No person shall knowingly aid an escaped prisoner by offering shelter, clothing, food, or any other thing or service which would aid or abet the escape of a prisoner. (Ord. 763 § 5-114, 1989)
9.12.050 Fire department equipment.
A. No person shall drive a vehicle over or upon any fire hose, or destroy, damage or remove any hose, engine, appliance or apparatus belonging to or used by the fire department.
B. No unauthorized person shall unfasten, open, draw water from, or otherwise tamper with a hydrant. (Ord. 763 § 5-115, 1989)
9.12.060 Directions of park officers or officers of the police department to be obeyed.
No person shall refuse a request to obey any reasonable direction of the park officers or employees or officers of the Sutherlin police department. (Ord. 763 § 5-118, 1989)
9.12.070 Interfering in emergencies.
It is unlawful for any person to stop or remain in the vicinity of a fire, explosion, accident, cave-in, or similar emergency or disaster, or where such an emergency or disaster is threatened, or in the vicinity of a riot, affray or arrest, when his presence may be unsafe to himself or others, or may interfere with rescue, fire fighting or other emergency aid, after being notified by a peace officer or authorized employee of the Sutherlin fire department to move to a place outside the area of danger or interference. (Ord. 763 § 5-126, 1989)
9.12.080 Authority to restrict access to certain areas.
A. Whenever a threat to the public health or safety is created by any fire, explosion, accident, cave-in, or similar emergency, catastrophe or disaster, or by disturbance, riot, presence of an armed person, hostage being held, or other disturbance, an officer of the rank of Police Officer or above of the Sutherlin Police Department, Command Level Firefighter of the Sutherlin Fire Department or the City Manager may restrict or deny access to persons to the area where such threat exists, for the duration of such threat, when the presence of such persons in such area would constitute a danger to themselves or when such officer reasonably believes that the presence of such persons would substantially interfere with the performance of police or other emergency services.
B. Whenever it appears to be reasonably necessary to investigate, or to preserve or collect evidence of, criminal acts, an officer of the Sutherlin police department may restrict or deny access to any room, building or enclosure, or any open area, by cordoning off such area by the use of persons, vehicles, ropes, markers or any other means.
C. As used in this section, “restrict or deny access” means that an authorized official of the city has the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom, until the reason for such restriction or denial of access no longer exists.
D. It is unlawful for any person to enter or to refuse to leave any area closed or restricted in access pursuant to subsection A or B of this section, unless such person has specific statutory authority, or the permission of the on-scene ranking officer of the Sutherlin police department, to be within such area.
E. In accordance with the authority granted by this section, and in consideration of the law enforcement and emergency services needs involved, provision shall be made for reasonable access to such areas by members of the media for the purpose of news gathering and reporting. (Ord. 1056 § 1, 2016; Ord. 763 § 5-127, 1989)
9.12.090 Destruction of official notices and signs.
No person, without proper authority, shall willfully deface, alter, remove or knock or tear down any official notice or bulletin, or any official sign, signal or barricade posted or placed in conformity with the law. (Ord. 763 § 5-151, 1989)
9.12.100 Mutilation of traffic citations.
It is unlawful for any unauthorized person to change, erase, alter, mar, mark, mutilate or destroy a traffic citation form which has been issued by a properly authorized official of the city. (Ord. 763 § 5-152, 1989)
9.12.110 Taking, retention or mutilation of public records.
A. No person, without proper authority, shall take or remove any public record, document, book, paper or personal property of any kind owned by the city.
B. No person, without proper authority, shall mutilate or destroy any public record, document, book or paper on file or kept on record in any public office of the city.
C. No person shall retain any public record, document, book or paper after lawful demand has been made for the return thereof. (Ord. 763 § 5-153, 1989)