HomeMy WebLinkAboutOrdinance 1012 - Prohibiting Disruptive Intoxication CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1012 ORDINANCE PROHIBITING DISRUPTIVE INTOXICATION.....1012-1
Section 1012.01: DECLARATION ...........................................................................1012-2
Section 1012.02: DEFINITIONS...............................................................................1012-2
Section 1012.03: DISRUPTIVE INTOXICATION....................................................1012-2
Section 1012.04: SOBRIETY TESTING...................................................................1012-3
Section 1012.05: PENALTIES ..................................................................................1012-3
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CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1012 ORDINANCE PROHIBITING DISTRUPTIVE INTOXICATION
Section 1012.01: 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 1012.02: 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,
f) failure of Standardized Field Sobriety Test,
g) failure of Drug Recognition Protocol,
h) alcohol concentration of.08 or more
Subd. 3: Public Disruption. Conduct by an individual to include loud, boisterous yelling,
urinating in public, lewd or combative conduct, or disobeying a police officer's lawful command.
Section 1012.03: DISTRUPTIVE INTOXICATION: No person, while intoxicated, in a
public place shall conduct him or herself so as to be a danger to themselves or others and/or
engage in a public disruption.
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CHAPTER X—NUISANCES & OFFENSES
Section 1012.04: 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 1012.02 Subd 2.
Section 1012.05: PENALTIES: Any Possessor of property at which a public nuisance
occurs shall be guilty of a misdemeanor.
History: 01-17-13 New
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