§ 10-9. Disorderly while under the influence.

(a)

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 himself, to other persons or to property in the vicinity while under the influence of alcohol or 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 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 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 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 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.

(b)

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 or when such person is unresponsive to the officer's communications. 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.

(c)

Penalty. Upon a finding of guilty for violation of this section, the offender shall be subject to imprisonment for a term not to exceed 180 days or by fine not to exceed $1,000.00, 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.

(d)

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 a habitual alcohol abuser and may be probated by the court to an outpatient treatment resource for a period of not more than 180 days.

(e)

Alcoholics. 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.

(Code 1977, § 17-3019; Ord. No. 2004-68, § 3, 10-8-04)