1. As used in this section unless the context otherwise requires:
A. "Arrest" means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
B. “Chemical test” means 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.
C. “Peace Officer” means the same as defined in Section 801.4 of the Code of Iowa.
D. “School” means a public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade twelve.
2. 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, wine, or beer in any public place except:
A. Premises covered by a retail alcohol license.
B. In any city owned park or park facility within the City, subject to the following provisions:
(1) It is unlawful for any person to consume alcoholic liquor, wine or beer at the Kramer Aquatic Center, 200 Stearns Drive;
(2) It is unlawful for any person to consume alcoholic liquor, wine or beer at the Beckman Sports Complex, 901 East Acers Street;
(3) No kegs or glass bottles are allowed in any city owned park or park area.
3. A person shall not possess or consume alcoholic liquor, wine or beer on public school property or while attending any public or private school related function.
4. A person shall not be intoxicated or simulate intoxication in a public place.
5. 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 subsection 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.
(Code of Iowa, Sec. 123.46)
(Ord. 012-2023 - Jan. 24 Supp.)