Ordinance # 98-01-74

 

Ordinance Prohibiting Persons from Making False Statements to Police Officers during the Course of an Investigation and Making it Unlawful to File a False or Fraudulent Police Report

 

        Whereas, the Mayor and Board of Aldermen of the City of Horn Lake have determined that there exist problems with person giving false information to police officers and filing false or fraudulent police reports within the corporate limits; and

 

        Whereas, such false information and the filing of false reports creates an unnecessary burden on the police department and the taxpayers by a loss of time on an unnecessary report and/or investigation; and

 

        Whereas adequate protection of the public health, safety and welfare requires that such incidents be prohibited;

 

        NOW THEREFORE BE IT ORDAINED BY THE AYOR AND BOARD OF ALDERMEN OF THE CITY OF HORN LAKE, MISSISSIPPI:

 

Section 1.  Definitions

A.    False Information – Shall mean any information of a false nature with regard to a person’s identity, circumstances of a crime, circumstances of an accident investigation or circumstances of an official police investigation.

B.    False Police Report – Shall mean a report made to a police officer or any other law enforcement officer, which is based upon a false incident or where any of the information given to the officer the report is false.  The report could include but is not limited to the following:  arrest report, accident report, or incident report.

C.    File or Filed – Shall mean giving information to a police officer about an incident whether criminal or civil that would cause the officer file an official report and/or begin an investigation into the matter.

D.   Official Investigation – Shall mean any investigation conducted by an officer who is on duty pursuant to any of the following circumstances; traffic accident, incident report, arrest or and incident where police are called to investigate a suspicious matter.

 

Section 2.  Prohibited Acts

A.    It shall be unlawful for any person to give false information to a police officer in the course of an official investigation.

B.    It shall be unlawful for any person to file or cause to be filed a false police report.

 

Section 3.  Penalties

        Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50.00 and not more than $500.00 and/or be imprisoned for not more than 6 months in jail.

 

Section 4.  Effective Date

        This ordinance shall take effect and be in full force from and after being adopted, certified by the City Clerk, signed by the Mayor or Board Majority, recorded in the Ordinance Book, published and 30 days after passage.

 

        So ordered approved this the 6th day of January, 1998.