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HomeMy WebLinkAbout[06c] Disruptive Intoxication CHAPTER X—NUISANCES &OFFENSES ORDINANCE 112 ORDINANCE PROHIBITING PUBLIC NUISANCES............................. 1 Section112.02: DEFINITIONS............................................................................................. 1 Section 112.03: DISRUPTIVE INTOXICATION...............Error! Bookmark not defined. Section 112.04: SOBRIETY TESTING................................................................................2 Section 112.05: PENALTY ................................................................. ...112.2 0 CHAPTER X—NUISANCES & OFFENSES ORDINANCE 112 ORDINANCE PROHIBITING DISTRUPTIVE INTOXICATION Section 112.01: DECLARATION. It is the policy of the City of St. Joseph to provide for the safety, health and welfare of the public while prohibiting certain harmful conduct of intoxicated persons. Section 112.02: DEFINITIONS Subd. 1: Public Place. Includes a building or place controlled by the City, a school, a place of worship, any public street, including public sidewalk, alley, walk or other publicly owned lands. Public place excludes the premises of a licensed alcohol establishment. Subd. 2: Intoxicated Person. A person who is presently impaired,mentally or emotionally, as a result of the presence of alcohol, drugs or a controlled substance in the person's body. Evidence of an intoxicated person may include,but is not limited to, any combination of the following indicators: a) odor of intoxicants on the breath, b) bloodshot,watery eyes, c) dilated pupils, d) stumbling or staggering, e) slurred speech, fl failure of Standardized Field Sobriety Test, g) failure of Drug Recognition Protocol, h) alcohol concentration of.08 or more Section 112.03: DISTRUPTNE INTOXICATION: No person, while intoxicated, in a public place shall conduct him or herself so as to be a danger to themselves or others andlor engage in a public disruption. Section 112.04: SOBRIETY TESTING. No person shall be cited under this section without first have been offered and failed the Standardized Field Sobriety Test or a Portable Breath Test(PBT); however, a person incapable and/or having refused Field Sobriety Testing or a PBT may still be cited under the criteria set forth in section 112.02 Subd 2. 1 CHAPTER X—NUISANCES & OFFENSES Section 111.05: PENALTIES: Any Possessor of property at which a public nuisance occurs shall be guilty of a misdemeanor. History: 112.00 10-18-12 New 2