HomeMy WebLinkAbout27297 / 74-02FIRST READING # 2 ORDINANCE
OCT 1 71974
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH.REPEALING AND RECREATING
SECTION 16-57 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO RESISTING
OR OBSTRUCTING POLICE OFFICER.
The Common Council o£ the City o£ Oshkosh do ordain as follows:
SECTION 1. That Section 16-57 of the Oshkosh Municipal Code
which read as follows is hereby repealed:
No person shall resist arreet bv any nolice ofFiaer nr memher �
of *_he Police Department in the discharge of his duty or shall in any
way interfere.with him or hinder or prevent him from discharging his
duty as such officer or member, or shall offer or endeavor so to do,
or whoever shall in any manner assist any person in custody o£ any officer
or member of the Police Department to escape from such custody or shall
rescue or attempt to rescue any person so in custody.
SECTION 2. That Section 18-57 0£ the Oshkosh Municipal Code
is hereby recreated to read as follows:
Section 18-57. Resisting or obstructiny officer.
(1) No person shall resist or obstruct any police officer or
member of the Police Department while such officer is doing any act
in his o£ficial capacity and with lawful�authority. �
(2) In this section:
(a) "Officer" means any police officer or member of the
Police Departmznt having the authority by virtue of his office
or e�aployment to take another into custody.
(bj "Ubstructs" includes without limitation knowingly
giving false information to the officer with intent to mislead
him in the performance of his duty including the service oP any
summons or civil process. .
(3) Whoever by violat.ing this section hinders, delays or preve:ts
an officer from properly serving or executing any summons or civil
process, is civilly liable"to the person injured for any actUal loss
caused thereby and to the officer or his superior for any damages
adjudged against either of them by reason thereof.
SsCTION 3. This ordinuice shall be in full �force and effect
from and after its passage and date of publication.
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SUB1dTT:ED BY
RPPROVED
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