Sec. 94-390. False declaration.
(a) It shall be unlawful for any person to knowingly make a material false statement under oath or submit to any city employee acting in their official capacity a written document containing a material false statement under oath.
(b) This section shall not apply to oral testimony provided to a jury or municipal court judge while under an oath administered in the courtroom.
(c) It is no defense to a prosecution under this section that a statement was inadmissible under the rules of evidence.
(d) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that the statement was not material is not a defense.
(e) The following words, terms, and phrases, when used in this section shall have the following meanings ascribed to them:
(1) Materially false statement means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the action or decision of a city employee acting in their official capacity, or the performance of a government function.
(2) Oath includes any affirmation and every other mode authorized by law attesting to the truth of what is stated. For the purpose of this section, a written statement under oath shall exist if:
a. The statement was made on or pursuant to a form bearing notice, authorized by the law, to the effect that false statements made therein are punishable; or
b. The statement recites that it was made under oath, the declarant was aware of such recitation at the time he or she made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance; or
c. The statement is made, used or offered with the intent that it be accepted as compliance with a statute, ordinance, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement. (Ord. No. 98-03, § 1, 2-23-1998)