(A) Removal of intoxicated persons from public or quasi-public property.
(1) Any law enforcement officer with the power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself or others, or who is otherwise incapacitated, from any public or quasi-public property. An officer removing an intoxicated person from public or quasi-public property shall make a reasonable effort to take the intoxicated person to his or her home or to place the person in any hospital, clinic, alcoholism center, or with a medical doctor as may be necessary to preserve life or to prevent injury. The effort at placement shall be deemed reasonable if the officer contacts those facilities or doctor which have previously represented a willingness to accept and treat the individuals and which regularly do accept the individuals. If the efforts are unsuccessful or are not feasible, the officer may then place the intoxicated person in civil protective custody, except that civil protective custody shall be used only as long as is necessary to preserve life or to prevent injury and under no circumstances longer than 24 hours.
(2) The placement of the person in civil protective custody shall be recorded at the facility or jail at which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to the person designated by the person taken into civil protective custody.
(3) The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for the actions. The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
(4) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, park or other state-, county- or city-owned property.
QUASI-PUBLIC PROPERTY. Private- or publicly-owned property utilized for proprietary or business uses which involves patronage by the public or which invites public ingress and egress.
(Prior Code, § 6-327)
(B) Toxic inhalants. It shall be unlawful for any person, for the purpose of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system, to intentionally smell or inhale, or possess for the purpose of smelling or inhaling, any product which is capable of releasing toxic vapors or fumes; provided, however, that, nothing in this section shall be interpreted as applying to the inhalation of anesthesia or medication prescribed by a licensed practitioner of medicine and surgery for medical or dental purposes. For the purposes of this section, the term TOXIC VAPORS OR FUMES shall mean and include any glue, cement, nail polish remover, paint thinner, cleaning fluid, gasoline or any other product or adhesive containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, tolueme or any other chemical which, if inhaled into the human system, shall produce a condition of intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system.
(Prior Code, § 6-328)
(C) Sale of toxic inhalants. It shall be unlawful for any person to sell, offer to sell, give or offer to give any product which is capable of releasing toxic vapors or fumes to any person, if the person has reasonable cause to believe that the product sold, offered for sale, given or offered to be given will be used for the purpose of violating division (B) above. For the purposes of this section, the term TOXIC VAPORS OR FUMES shall mean and include any glue, cement, nail polish remover, paint thinner, cleaning fluid, gasoline or any other product or adhesive containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene or any other chemical which, if inhaled into the human system, shall produce a condition of intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system.
(Prior Code, § 6-329)
(D) Consumption in public places or places open to the public: restrictions.
(1) Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2) or as provided in Neb. RS 60-6,211.08, it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
(2) It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, café, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the Nebraska Liquor Control Act. It is unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, café, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the Act. This division does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated under Neb. RS 60-6,211.08.
(Prior Code, § 6-330)
(E) Drinking on public property; possession of open alcoholic beverage container.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE.
1. Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description, containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
2. Wine of not less than 0.5% alcohol by volume; or
3. Distilled spirits, which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
4. ALCOHOLIC BEVERAGE does not include trace amounts not readily consumable as a beverage.
HIGHWAY. A road or street including the entire area within the right-of-way.
LIMOUSINE. A luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least five and no more than 14 persons behind the driver with a physical partition separating the driver seat from the passenger compartment. LIMOUSINE does not include taxicabs, hotel or airport buses or shuttles, or buses.
OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in Neb. RS 53-123.04(3) and 53-123.11(1)(c), any bottle, can, or other receptacle:
1. That contains any amount of alcoholic beverage; and
2. a. That is open or has a broken seal; or
b. The contents of which are partially removed.
PASSENGER AREA. The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in the area. PASSENGER AREA does not include the area behind the last upright seat of the motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.
(2) Except as otherwise provided in this section, it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this municipality.
(3) Except as provided in divisions (D) or (E)(4) of this section, it is unlawful for any person to consume an alcoholic beverage:
(a) In a public parking area or on any highway in this municipality; or
(b) Inside a motor vehicle while in a public parking area or on any highway in this municipality.
(4) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the state Public Service Commission and subject to Neb. Admin. Code, Chapter 75, Article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this municipality if:
(a) The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and
(b) Alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area.
(Prior Code, § 6-330.01)
(F) Misrepresentation by minor to obtain alcohol. No minor, as defined by Neb. RS 53-103.23, shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.
(Prior Code, § 6-331)
(G) Minors; prohibited acts involving alcoholic liquor.
(1) For purposes of this section, the definitions found in Neb. RS 53-103.01 through 53-103.42 shall apply, including, but not limited to, the definitions of the terms "alcoholic liquor," "consume," "minor," "sale," and "to sell."
(2) Except as otherwise provided in § 114.48, no minor may sell, dispense, consume, or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads, or highways, upon property owned by the state or any subdivision thereof, or inside any vehicle while in or on any other place, including, but not limited to, the public streets, alleys, roads, or highways, or upon property owned by the state or any subdivision thereof, except that a minor may consume, possess, or have physical control of alcoholic liquor as a part of a bona fide religious rite, ritual, or ceremony or in his or her permanent place of residence.
(3) It shall be unlawful for any person under 21 years of age to transport, consume, or knowingly possess or have under his or her control beer or other alcoholic liquor in or transported by any motor vehicle.
(Ord. 12-93, passed 11-1-1993; Ord. 24-11, passed 6-27-2011; Ord. 25-11, passed 6-27-2011; Ord. 42-11, passed 12-27-2011; Ord. 46-11, passed 12-27-2011) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 53-1,121, 53-103.23, 53-180.01, 53-180.02, 53-186, 53-186(1), 53-186.01, 60-6,211.08