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making an arrest. <br />~2} "Resists," as used in this section, means the use or threatened <br />use of violence, physical force or any other means that creates a substantial <br />risk of physical injury to any person and includes behavior clearly intended <br />to prevent being taken into custody by overcoming the actions of the arrest- <br />ing officer. The behavior does not have to result in actual physical injury <br />to the arresting officer. Passive resistance does not constitute behavior <br />intended to prevent being taken into custody. <br />~3} It is no defense to a prosecution under this section that the <br />peace officer lacked legal authority to make the arrest, provided the peace <br />officer was acting under color of official authority. <br />Section 10. Section 4.990 of the Eugene Code, 1911, is amended to pro- <br />vide: <br />4.990 Pena_1t~es - Specific. <br />t,~ , . ~,.,.. _. <br />~ ~ } v~ of a ~ i on of the <br />confinement in jail, or both, up <br />Section <br />4.045 to 4.015 <br />4.110 <br />4.115 <br />4.125 <br />4.130 <br />4.140 <br />4.145 <br />4.155 <br />4.1fi0 <br />4.1fi5 <br />4.175 <br />4.180 <br />4.185 <br />4.195 <br />4.240 <br />4.2fi5 <br />4.300 <br />4.310 <br />4.330 to 4.490 <br />4.3352} <br />4.3403} <br />4.5001} <br />4.5002} <br />4 , fi 15 to 4 . fi5D <br />4.725 <br />4.12fi <br />4.129 <br />4.730 <br />4.131 <br />following sections is punishable by fine or <br />to the amounts indicated opposite each: <br /> Penal t <br />$ 500 fine <br />500 fine <br />100 fine <br />250 fine <br />5D0 fine <br />500 fine <br />500 fine or 30 days in jail, or both <br />50o fine <br />500 fine <br />500 fine <br />50D fine <br />500 fine <br />500 fine <br />500 fine <br />100 fine <br />500 fine <br />500 fine <br />500 fine <br />Except as specifically l i steel herein, see <br /> subsection ~2} of this section <br />500 fine ar 30 days in jail, or bath <br />500 fine or 30 days in jail, or both <br />500 fine or 30 days in jail, or both <br />2,500 fine ar 6 months in jail, or bath <br />See subsection ~3} of t his section <br />1,000 fine or 100 days in jail, or both <br />1,000 fine or 100 days in jail, ar bath <br />500 fine or 100 days in jail, ar both <br />2,50o fine or 100 days in jail, or both <br />2, 500 fine or 1 year i n j ail , or bath <br />Ordinance - 6 <br />