Sec. 10-2-50.   Resisting arrest.
   (a)   It is unlawful for any person to resist arrest.
   (b)   A person commits resisting arrest if he or she knowingly prevents or attempts to prevent a peace officer, acting under color of his or her official authority, from affecting an arrest of the actor or another by:
      (1)   Using or threatening to use physical force or violence against the peace officer or another; or
      (2)   Using any other means, which creates a substantial risk of causing physical injury to the peace officer or another.
   (c)   It is no defense to a prosecution under this Section that the peace officer was attempting to make an arrest which in fact was unlawful, if the peace officer was acting under color of his or her official authority, and in attempting to make the arrest, the peace officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts under color of his or her official authority when, in the regular course of assigned duties, the peace officer 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 the peace officer.
   (d)   The term peace officer as used in this Section means a peace officer in uniform or, if out of uniform, one who has identified himself or herself by exhibiting his or her credentials as such peace officer to the person whose arrest is attempted.
(Prior code 10-8-7; Ord. 347 §1, 2008)