(a) A person commits resisting arrest if he or she knowingly prevents or attempts to prevent a peace officer, whether in or out of uniform, who has identified himself or herself as such by exhibiting credentials, or who is known to the person as a peace officer, acting under color of his or her authority, from effecting an arrest, either of the actor or of another person, by the use or threatened use of force or physical violence, or by any other means which create a substantial risk of bodily injury to such peace officer.

(b) It is not a defense to a prosecution under this Section that the peace officer was attempting to make an arrest which was in fact unlawful, if he or she was acting under color of his or her official authority and, in attempting to make the arrest, he or she did not resort to unreasonable or excessive force giving rise to the right of self-defense.

(c) A peace officer is acting under color of his or her official authority, when, in the regular course of duty, the peace officer’s conduct is founded on good-faith judgment in consideration of the surrounding facts and circumstances. (Prior code 9.04.060; Ord. 1288 §1, 2008)