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(A) No person, without privilege to do so and with purpose to prevent, obstruct or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.
(B) Although not exclusive, and not limited to, the following may be applied in determining whether a violation of this section has taken place:
(1) Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit, a crime;
(2) Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated, or is violating, the conditions of his or her parole or probation;
(3) The officer may detain the person pursuant to this section only to ascertain his or her identity and the suspicious circumstances surrounding his or her presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer; and/or
(4) A person must not be detained longer than is reasonably necessary to effect the purposes of this section.
(C) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division (C), obstructing official business is a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony to be prosecuted under appropriate state law.
(Ord. 167-2004, passed 10-25-2004)