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HomeMy WebLinkAbout2021-06-30-6011 ASSAULT §601.1 Assault: A person who commits an assault when, without intent to inflict serious injury upon another, but without justification, that person does any of the following: A. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with an apparent ability to execute the act. B. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act. C. Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another. Provided, that where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace, the act shall not be an assault; and provided, where the person doing any of the above-enumerated acts is employed by a school district or accredited non-public school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds or at an official school function regardless of the location, the act shall not be an assault. November 7, 2005 – Ordinance 2550 §601.2 Penalty. Any violation of the provisions of this chapter shall be considered a simple misdemeanor as provided in Chapter 620 of this Code. November 7, 2005 – Ordinance 2550 §601.3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. §601.4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. §601.5. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. March 1, 1999 – Ordinance No. 2269