Sec. 10-9. Disorderly while under the influence.
(a) Generally. It is the policy of the city
that alcoholics may not be subjected to criminal prosecution solely because
of their consumption of alcoholic beverages but rather should be afforded
a continuum of treatment in order that they may lead normal lives as productive
members of society. It is the intent of this section to provide for the identification
and referral to treatment of persons who are alcoholic and who may be charged
with violations of this section.
(b) Acts constituting violation. It shall
be unlawful for any person within the corporate limits of the city to be
disorderly while under the influence on the streets, sidewalks or other public
places. The following acts are declared to be in violation of this section:
(1) Any person who acts in a reckless manner
so as to create an unreasonable risk of harm to persons or property in the
vicinity while under the influence of alcohol or other drugs.
(2) Any person who shall defecate or urinate
on the streets or sidewalks or in the halls or elevators of public or commercial
buildings, or on any property open to public view in the city while under
the influence of alcohol or other drugs.
(3) Any person who, without provocation, uses
to or of another, in such person's presence, fighting words, or who shall
panhandle while under the influence of alcohol or other drugs.
(4) Any person who shall act in a violent
or tumultuous manner toward another so as to endanger the life, limb, health
or property of another while under the influence of alcohol or other drugs.
(5) Any person who shall lie down or otherwise
obstruct, block or impede pedestrian or vehicular traffic on any sidewalk,
street, or entrance or exit to any other public way, house of worship, business,
public hall, theater, public conveyance or other public place and who shall
refuse to remove themselves when ordered to do so by a city police officer
or other lawful authority while under influence of alcohol or other drugs.
(6) Any person who shall act in a boisterous,
turbulent, or agitated manner, or who shall use profane, vulgar, loud or unbecoming
language while under the influence of alcohol or other drugs while on the
streets, sidewalks, or other public places within the corporate limits of
the city.
(c) Duty of peace officer. Any peace officer,
in accordance with standards set out in standard operating procedures promulgated
by the police chief or designee, may take or send an individual under the
influence of alcohol or other drugs to such person's home or to a treatment
facility in lieu of incarcerating such person for violations of this section.
Any peace officer so acting shall be considered as carrying out such peace
officer's official duty. The standard operating procedures shall set out the
circumstances under which a peace officer may send an individual home or
to a treatment facility without formally rendering charges against such person.
(d) Penalty. Upon a finding of guilty for
violation of this section, the offender shall be subject to imprisonment
for a term not to exceed six months or by fine not to exceed $200.00, either
of such penalties to be in the discretion of the municipal judge. Such punishment
may be probated by the municipal judge for those offenders desiring to participate
in a detoxification program.
(e) Habitual abusers. Any person who shall
have been convicted or have forfeited collateral under the provisions of subsection
(b) of this section three times in the preceding 12 months may be deemed
an habitual alcohol abuser and may be probated by the court to an outpatient
treatment resource for a period of not more than 60 days.
(Code 1977, § 17-3019) |
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