§ 38-60. Resisting arrest.

(a)

It shall be unlawful for any person to knowingly prevent or attempt to prevent any police officer acting under color of his or her official authority from effecting an arrest of the actor or another by:

(1)

Using or threatening to use physical force or violence against the police officer or another;

(2)

Using any other means which creates a substantial risk of causing bodily injury to the police officer or another.

(b)

It is no defense to a prosecution under this section that the police officer was attempting to make an arrest which in fact was unlawful, if the officer was acting under color of his or her official authority, and was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under color of his or her official authority when, in the regular course of assigned duties, he or she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him or her.

(Ord. No. 18-18, § 1, 4-16-2019)