(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INTOXICATED PERSON or PERSON WHO IS INTOXICATED. Any person who appears mentally, physically or emotionally impaired due to alcohol, drugs or controlled substances or a combination of them. This section imposes a rebuttable presumption a person is intoxicated if a person exhibits at least two of the following characteristics or conduct:
(a) Odor of intoxicating liquor on the breath;
(b) Blood shot eyes;
(c) Dilated pupils;
(d) Stumbling or staggering walk;
(e) Slurred speech;
(f) Unable to stand or walk unaided when not due to any non-alcohol related physical condition or disability;
(g) Inability to adequately perform the field sobriety tests utilized in determining if a person is under the influence while operating a motor vehicle;
(h) Public urination;
(i) Public vomiting;
(j) Public nudity or indecency;
(k) Conduct which would be considered belligerent, argumentative, threatening, intimidating or offensive.
PUBLIC NUISANCE. Conduct by a person which would be disorderly, offensive or obnoxious to a reasonable person including but not limited to the following actions: threatening or combative speech; lewd, sexually suggestive or offensive conduct or speech; public nudity; public urination; threatening, belligerent or combative actions or conduct; fighting; or any disorderly conduct as prohibited in ILCS Ch. 720, Act 5, § 26-1.
PUBLIC PLACE. Any street, alley, sidewalk, right-of-way, park, recreational trail, public green or open space, parking lot, school, governmental facility or office, church or place of worship, or building or facility generally open to the public.
(B) Prohibition of intoxicated person in a public place. No person who is intoxicated shall be in a public place and:
(1) Be a public nuisance; or
(2) Engage in conduct which does or could injure himself/herself or others; or
(3) Engage in conduct which does or could damage property.
(Ord. 2694, passed 2-22-11) Penalty, see § 132.99