Ordinance reinstates language regarding resisting an officer

For those considering resisting arrest or assaulting a police officer, a recent amendment to the Sallisaw Code of Ordinances — yes, this was previously done in December — reaffirms that the city frowns upon such behavior.

City commissioners on Monday rescinded an ordinance passed on Dec. 11 and repealed Section 66-131 in its entirety, while at the same time adopting, enacting and reinstating the previous language for a new Section 66-131 to the Code of Ordinances — with virtually the same wording as the Dec. 11 ordinance. In essence, everything old is new again.

According to City Manager Keith Skelton, some confusion arose from the December adoption, so he requested rescinding and reinstating the previous language that was in the code. Mayor Ernie Martens also observed that state law provides protections for city employees and police officers.

City staff is expected to continue to research the ordinance, and may bring it before the commissioners for further discussion.

The new ordinance specifies the following: (a) It is unlawful to resist, oppose or assault, or in any way interfere with a police officer or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits of the city.

(b) It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer.

(c) Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity, and authorized by law to make a lawful arrest or seizure of property or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property or serving process is acting in his official capacity. Resisting an officer is unlawful.

(d) The term “obstruction of” shall, in addition to its common meaning, include: (1) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest; (2) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest or before he is under arrest; or (3) Refusal by the arrested party to give his name and make his identity known to the arresting officer.

(e) It is unlawful for any person knowingly or willfully to assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent language toward or about, any such officer or employee while such officer or employee is in the discharge of his official duties.

The amended ordinance was passed with a declaration of emergency, which means the new ordinance is effective immediately.

Other business

In other business before the city commissioners, Kenneth Corn, Oklahoma state director for the U.S. Department of Agriculture, presented the city with certification of a USDA Rural Development grant for $38,445 to be “used to replace a storm warning siren,” which “will provide the community with needed advance warning of potentially deadly weather events.”