Ordinance 1132-85 - Laserfiche WebLink

1 4. Whenever reasonably used by a person to detain someone who enters or 2 remains unlawfully in a building or on real property lawfully in the possession of such 3 person, so long as such detention is reasonable in duration and manner to investigate the 4 reason for the detained person's presence on the premises, and so long as the premises 5 in question did not reasonably appear to be intended to be open to members of the 6 public; 7 5. Whenever used in a reasonable and moderate manner by a parent or his or 8 her authorized agent, a guardian, master, or teacher in the exercise of lawful authority, 9 to restrain or correct his or her child, ward, apprentice, or scholar; 10 6. Whenever used by a carrier of passengers or his or her authorized agent or 11 servant, or other person assisting them at their request in expelling from a carriage, 12 railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and 13 reasonable regulation prescribed for the conduct of passengers, if such vehicle has first 14 been stopped and the force used is not more than is necessary to expel the offender 15 with reasonable regard to his personal safety; 16 7. Whenever used by any person to prevent a mentally ill, mentally 17 incompetent, or mentally disabled person from committing an act dangerous to himself 18 or herself or another, or in enforcing necessary restraint for the protection of his or her 19 person, or his or her restoration to health, during such period only as is necessary to 20 obtain legal authority for the restraint or custody of his or her person. 21 Section 8: Homicide--When excusable. Homicide is excusable when 22 committed by accident or misfortune in doing any lawful act by lawful means, without 23 criminal negligence, or without any unlawful intent. 24 Section 9: Justifiable homicide by public officer. Homicide is justifiable 25 when committed by a public officer, or person acting under his or her command and in 26 his or her aid, in the following cases: 27 1. In obedience to the judgment of a competent court. 28 2. When necessary to overcome actual resistance to the execution of the 29 legal process, mandate, or order of a court or officer, or in the discharge of a legal 30 duty. 31 3. When necessary in retaking an escaped or rescued prisoner who has been 32 committed, arrested for, or convicted of a felony; or in arresting a person who has -3-