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Section
32-94. Public intoxication and drinking prohibited
32-95. Intoxicated person in a public place
32-96. Possession; transportation of intoxicating beverages
32-97. Intoxicating liquors
32-98. Narcotics prohibited
32-99. Prostitution
32-100. Disorderly house
32-101. Maintaining or leasing a disorderly house
32-102. Residents and visitors to disorderly house
32-103. Nudity; improper dress; indecent exposure
32-104. Obscenity regulations – Definitions
32-105. Same – Prohibited conduct
32-106. Loitering
32-107. Curfew for minors
32-108. Sleeping on the streets; depots
32-109. Aggressive or obstructive begging prohibited
32-110. Gambling prohibited
32-111. Being about place where gambling is going on
32-112. Harmful deception
32-113. False or bogus checks
32-114 through 32-139 reserved
It is unlawful for any person to drink intoxicating liquor or beverage upon or in any street, alley, or other public place within the city.
(Prior Code, § 32-94)
Statutory reference:
Intoxicated physician, see 21 O.S. § 831
Intoxicated railroad engineer and the like, see 21 O.S. § 1254
(A) An intoxicated person in a public place, as defined in 37 O.S. § 8, who appears to be in need of help, if the person consents to the offered help, may be assisted to:
(1) His or her home;
(2) An alternative facility pursuant to the provisions of this section; or
(3) An approved treatment facility by a peace officer or an emergency service patrol.
(B) A person who appears to be intoxicated, and as a result of such intoxication, is unconscious in a public place or reasonably appears to be in danger of harming himself or herself or others, may be taken into protective custody by a peace officer or an emergency service patrol and immediately brought to an approved treatment facility for medical or nonmedical detoxification.
(1) The peace officer or the emergency service patrol, in detaining the person and taking the person to an approved treatment facility, is taking the person into protective custody and shall make every reasonable effort to protect the person’s health and safety.
(2) In taking the person into protective custody, the detaining officer may take reasonable steps for self-protection. No record shall be made which indicates that the person has been arrested or charged with a crime.
(C) If the state’s Department of Mental Health and Substance Abuse Services, or the governing body of any municipality, has approved a program alternative to statutory or municipal requirements of prosecution and imprisonment of such person, until the capacity to accommodate intoxicated persons has been exceeded in the facility wherein such alternative program is located, the arresting officer and other public officials involved in an arrest pursuant to this section shall utilize such alternative treatment program upon the voluntary approval of the intoxicated person and the receiving facility rather than proceed under the statutory or municipal laws pertaining to prosecution and imprisonment of intoxicated persons.
(1) A facility in which the program is located may make application to the state’s Department of Mental Health and Substance Abuse Services for approval, but no such program or facility wherein such program is located shall claim or advertise to be a certified treatment facility unless duly certified as such by the state’s Department of Mental Health and Substance Abuse Services.
(2) All facilities acquiring the approval of an alternative program shall establish their own capacity for the number of persons to be accommodated in the program.
(3) It shall be the duty of the State Department of Health to investigate all complaints concerning general sanitation made in the form of a sworn affidavit against such municipally approved alternative facilities.
(4) In event the complaints are found to be true, the State Commissioner of Health shall have the power to order improvements or closure.
(D) A person who is brought to an alternative facility or an approved treatment facility may be admitted as a consumer by the administrator in charge of the facility or referred to another treatment facility.
(E) A person may not be detained at the approved treatment facility when the person either is no longer unconscious, or no longer appears likely to be of harm to self or others. If the person remains unconscious or likely to harm himself or herself or others, the person may be detained for no more than 12 hours, excluding weekends and legal holidays, after admission unless a petition for an order directing the commitment of the person to an approved treatment facility has been filed according to the mental health law provisions and procedures for commitment. The person may consent to remain in the facility as long as the administrator or physician in charge believes appropriate.
(F) If a person is admitted to an approved treatment facility under this section, the person may notify relatives of the admission or another person may, with the consent of the admittee, notify relatives of the admission.
(Prior Code, § 32-95)
Statutory reference:
Similar provisions, see 43A O.S. § 3-428
(A) It is unlawful for any person under the age of 21 years to be in possession of any intoxicating beverage or low-point beer. It is unlawful for any person to consume or possess with the intent to consume intoxicating beverages or low-point beer while such person is upon any public street, road, or highway or in any public place within the city limits.
(B) It is unlawful for any parent or guardian of a person under the age of 18 years to permit such person to be in possession of an intoxicating beverage or low-point beer.
(C) It is unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street, or alley any intoxicating beverage or low-point beer, except in the original container, which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment. The rear trunk or compartment shall include the spare tire compartment in a station wagon or panel truck or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.
(D) For the purpose of this section, intoxicating beverage and low-point beer shall be as defined by 37A O.S. § 1-103.
(Prior Code, § 32-96)
Statutory reference:
Intoxicating liquor within one-half mile of polling place on election day prohibited and the like, see 26 O.S. § 7-110
It is unlawful:
(A) For any person to barter, sell, give away, or otherwise furnish to another any intoxicating beverage or low-point beer of any kind, except as permitted by law;
(B) To have in possession or under control any intoxicating liquor or low-point beer, except as permitted by law, or to transport or in any manner convey from place to place in the city any intoxicating beverage or low-point beer, except as permitted by law;
(C) To loiter in a place where intoxicating beverage or low-point beer is sold, bartered, given away, or otherwise furnished contrary to law; or
(D) To keep, maintain, aid, or abet in keeping or maintaining a place where intoxicating beverage or low-point beer is sold, bartered, given away, or otherwise furnished in violation of law.
(Prior Code, § 32-97)
Statutory reference:
Definition, see 37A O.S. §§ 1-103 and 7-102
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