(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARREST. The same as defined in the Iowa Code § 804.5 and includes taking into custody pursuant to Iowa Code § 232.19.
CHEMICAL TEST. A test of a person’s blood, breath or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
PEACE OFFICER. The same as defined in the Iowa Code § 801.4.
SCHOOL. A public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade 12.
(B) A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated or simulate intoxication in a public place. A person violating this division commits a municipal infraction. Any municipal infraction citation issued under this section shall be prosecuted in conjunction with any citations for violation of any applicable state or federal law.
(C) When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this division is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
(Iowa Code § 123.46) (1999 Code, § 45.02) (Ord. 2560, passed 12-12-2017) Penalty, see §
10.99