§ 132.02  PROTECTIVE CUSTODY OF INCAPACITATED OR UNCONSCIOUS PERSON.
   (A)   Any person who is incapacitated, unconscious, or otherwise unable to care properly for his or her own well-being, whether from intoxication or other reasons, and, who, under the circumstances, is determined to be in danger of severe injury or loss of life, may be taken into protective custody by a police officer for purposes of transportation to a place of shelter, a treatment facility, or the person's place of residence. However, if a treatment facility or place of shelter is unavailable or the police officer is unable to determine the incapacitated person's place of residence, the person may be held in protective custody at a police station until he or she is no longer incapacitated or for a period of not longer than 12 hours, whichever is shorter.
   (B)   No person shall be taken into protective custody against his or her will or without his or her consent.
   (C)   For purposes of this section, an unconscious, intoxicated, or otherwise unresponsive person is presumed to have consented to being taken into protective custody.
   (D)   A person taken into protective custody is deemed not to be arrested or imprisoned unless specifically charged with a criminal offense by a duly sworn police officer.
   (E)   Nothing in this section shall be construed to limit a police officer's discretion to charge a person with a criminal offense.
   (F)   Subject to the limitations provided in subsection (B) above, a police officer acting pursuant to this section may take such action as is reasonably necessary to effectuate protective custody.
   (G)   A police officer may search any person taken into protective custody in order to assure the safety of the officer or any other persons present.
(1999 Lou. Code, § 132.02)  (Lou. Ord. No. 209-1979, approved 12-28-1979; Lou. Metro Am. Ord. No. 34-2007, approved 3-26-2007)