§ 130.05 LAWFUL USE OF FORCE.
   (A)   To use or to attempt to offer to use force upon or toward the person of another is not unlawful in the town in the following cases:
      (1)   When necessarily committed by a public officer in the performance of any legal duty or by any other person assisting him or her or acting by his or her direction;
      (2)   When necessarily committed by any person in arresting one who has committed any felony, and delivering him or her to a public officer competent to receive him or her in custody;
      (3)   When committed either by the party about to be injured, or by any other person in his or her aid or defense, in preventing or attempting to prevent an offense against his or her person, or any trespass or other unlawful interference with real or personal property in his or her lawful possession; provided, the force used is not more than sufficient to prevent such offense;
      (4)   When committed by a parent or authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct his or her child, ward, apprentice or scholar; provided, restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar; or by his or her refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force used is reasonable in manner and moderate in degree;
      (5)   When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting him, her or them at his, her or their request, in expelling from any carriage, interurban car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is sufficient to expel the offending passenger, with a reasonable regard to his or her personal safety; and
      (6)   When committed by any person in preventing a person who is impaired by reason of “mental retardation” or “developmental disability”, as defined by state law, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or herself or to another, or enforcing such restraint as is necessary for the protection of his person or for his or her restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of such person.
   (B)   Where force is permitted to effect a lawful purpose, only that degree of force necessary to effect such purpose shall be used.
(Prior Code, § 5-3-5)