ARTICLE XVI. - OFFENSES AGAINST GOVERNMENT
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (3) --- State Law reference— Offenses against the administration of government, U.C.A. 1953, § 76-8-101 et seq.
DIVISION 1. - GENERALLY#
Secs. 14-425—14-446. - Reserved.#
DIVISION 2. - CORRUPT PRACTICES#
Footnotes:
--- (4) --- State Law reference— Corrupt practices, U.C.A. 1953, § 76-8-101 et seq.
Sec. 14-447. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Candidate for electoral office. A person is a candidate for electoral office upon his filing or being nominated as a candidate for any municipal office.
Party official means any person holding any post in a political party whether by election, appointment, or otherwise.
Pecuniary benefit means any advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increase prosperity generally.
Public servant means any officer or employee of the town, including judges, consultants, jurors, and persons otherwise performing a government function. A person is considered a public servant upon his election, appointment, or other designation as such, although he may not yet officially occupy that position.
(Code 1981, § 13-811)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-101(1)(2)(4).
Sec. 14-448. - Campaign contributions not prohibited.#
Nothing in this article shall be construed to prohibit the giving or receiving of campaign contributions made for the purpose of defraying the costs of a political campaign. No person shall be convicted of any offense solely on the evidence that a campaign contribution was made and that an appointment or nomination was subsequently made by the person to whose campaign or political party the contribution was made.
(Code 1981, § 13-812)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-102.
Sec. 14-449. - Receiving bribe or bribery for endorsement of person as public servant.#
A person is guilty of a Class B misdemeanor if: (1)
He solicits, accepts, agrees to accept for himself, another person, or a political party, money or any other pecuniary benefit as compensation for his endorsement, nomination, appointment, approval, or disapproval of any person for a position as a public servant or for the advancement of any public servant; or
(2)
He knowingly gives, offers, or promises any pecuniary benefit prohibited by subsection (1) of this section.
(Code 1981, § 13-816)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-106.
Sec. 14-450. - Alteration of engrossed copy of ordinance or resolution.#
Every person who fraudulently alters any ordinance or resolution which has been passed or adopted by the town council with intent to have it printed or published as part of the ordinances or resolutions of the town in language different from that in which it was passed or adopted by the legislature, is guilty of a Class B misdemeanor.
(Code 1981, § 13-818)
Sec. 14-451. - Failure of member of town council to disclose interest in ordinance or resolution.#
Every member of the town council who has a personal or private interest in any measure, ordinance or resolution proposed or pending before the town council and does not disclose the fact to the town council and votes thereon is guilty of a Class B misdemeanor.
(Code 1981, § 13-819)
State Law reference— Conflict of interest disclosures of certain state officers, U.C.A 1953, § 20A-11-1604.
Secs. 14-452—14-472. - Reserved.#
DIVISION 3. - ABUSE OF OFFICE#
Footnotes:
--- (5) --- State Law reference— Abuse of office, U.C.A 1953, § 76-8-201 et seq.
Sec. 14-473. - Official misconduct—Unauthorized acts or failure of duty.#
A public servant is guilty of a Class A misdemeanor if, with an intent to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.
(Code 1981, § 13-821)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-201.
Sec. 14-474. - Official misconduct—Unlawful acts based on inside information.#
A public servant is guilty of a Class A misdemeanor and will be prosecuted pursuant to state law if, knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant which information has not been made public, he: (1)
Acquires or divests himself of a pecuniary interest in any property, transaction, or enterprise which may be affected by such action or information;
(2)
Speculates or waters on the basis of such action or information; or
(3)
Knowingly aids another to do any of the foregoing.
(Code 1981, § 13-822)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-202.
Sec. 14-475. - Unofficial misconduct.#
(a)
A person is guilty of unofficial misconduct if the person exercises or attempts to exercise any of the functions of a public office when the person:
(1)
Has not taken and filed the required oath of office;
(2)
Has failed to execute and file a required bond;
(3)
Has not been elected or appointed to office;
(4)
Exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed; or
(5)
Knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates, destroys or takes away the same.
(b)
Unofficial misconduct is a Class B misdemeanor.
(Code 1981, § 13-823)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-203.
Secs. 14-476—14-503. - Reserved.#
DIVISION 4. - OBSTRUCTING GOVERNMENTAL OPERATIONS#
Footnotes:
--- (6) --- State Law reference— Obstructing governmental operations, U.C.A. 1953, § 76-8-301 et seq.
Sec. 14-504. - Interference with public servant.#
(a)
An individual is guilty of interference with a public servant if the individual:
(1)
Uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function;
(2)
Obstructs, hinders, conceals, or prevents the lawful service of any legal process, civil or criminal, by any sheriff, constable, deputy sheriff, deputy constable, peace officer, private investigator, or any other person authorized to serve legal process; or
(3)
On property that is owned, operated, or controlled by the state or a political subdivision of the state, willfully denies to a public servant lawful:
a.
Freedom of movement;
b.
Use of the property or facilities; or
c.
Entry into or exit from the facilities.
(b)
Interference with a public servant:
(1)
Under subsection (a)(1) or (2) of this section is a Class B misdemeanor; and
(2)
Under subsection (a)(3) of this section is a Class C misdemeanor.
(c)
For purposes of this section, the term "public servant" does not include jurors.
(Code 1981, § 13-830-1)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-301.
Sec. 14-505. - Picketing or parading in or near court.#
A person is guilty of a Class B misdemeanor if he pickets or parades in or near a building which houses a court of the town with intent to obstruct access to that court or to affect the outcome of a case pending before that court.
(Code 1981, § 13-830-2)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-302
Sec. 14-506. - Disturbing town council or official meeting.#
(a)
A person is guilty of a Class B misdemeanor if:
(1)
He intentionally disturbs the town council while in session; or
(2)
He intentionally commits any disorderly conduct in the immediate view and presence of the town council which tends to interrupt its proceedings or impair the respect of its authority; or
(3)
Intentionally disturbs an official meeting or commits any disorderly conduct in immediate view and presence of participants in an official meeting which tends to interrupt its proceedings.
(b)
The term "official meeting," as used in this section, means any lawful meeting of municipal officials for the purposes of carrying on governmental functions.
(Code 1981, § 13-830-4)
Sec. 14-507. - Failure to aid peace officer.#
A person is guilty of a Class B misdemeanor if, upon command by a peace officer identifiable or identified by him as such, he unreasonably fails or refuses to aid the peace officer in effecting an arrest or in preventing the commission of any offense by another person.
(Code 1981, § 13-830-7)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-307.
Sec. 14-508. - Bail; jumping.#
(a)
A person is guilty of an offense when having been released on bail or on his own recognizance by court order or by other lawful authority upon condition that he subsequently appear personally upon a charge of an offense, he fails without just cause to appear at the time and place which have been lawfully designated for his appearance.
(b)
An offense under this section is a felony of the third degree when the offense charged is a felony which is prosecuted under the state law, a Class B misdemeanor when the offense charged is a misdemeanor, and an infraction when the offense charged is an infraction.
(Code 1981, § 13-830-12)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-312.