A. Intent And Purpose: This section is intended to provide for the safety, welfare and health of the public as is allowed under section 62.11(5), Wisconsin statutes and is intended to comply with chapter 51, Wisconsin statutes. Being publicly intoxicated makes a person vulnerable to injury, robbery, assault, and a number of other difficulties. This section addresses the behavior of the individual, rather than his or her blood alcohol content level, thus encouraging responsible behavior while consuming alcohol. This provides benefit to the individual and the public.
B. Definitions:
INCAPACITATED PERSON: A person, that as the result of the use of alcohol, drugs or another controlled substance, is unconscious or whose judgment is so impaired that he or she is incapable of making rational decisions, as evidenced objectively by indicators such as extreme physical debilitation, physical harm or threats of harm to himself or herself or to any other person or to property.
INTOXICATED PERSON: A person whose mental or physical functioning is substantially impaired as a result of the use of alcohol, drugs or another controlled substance.
PUBLIC NUISANCE: Conduct by an individual that is a disturbance of the peace, including, but not limited to, endangering himself or herself or other persons or property, acting in an unruly or combative manner, creating loud noises to the disturbance of other persons, refusing to follow the instructions of a police officer, refusing to follow the instructions to leave a place of business by the owner, employee or other person in charge thereof, or otherwise disturbing the peace in any public place.
PUBLIC PLACE: A place to which the public has access, and includes, but is not limited to, places owned or controlled by the city, county or state, any public street, highway, sidewalk, parking lot, alley, parks, schools, places of worship and places of business. Places of business include premises open to the public where alcohol is consumed, including a licensed alcohol establishment.
C. Intoxication In Public Places Prohibited: No person in a public place shall conduct him or herself in such a manner as to become an intoxicated or incapacitated person and to create a public nuisance.
D. Penalty: Any person violating the provisions of this section is subject to a forfeiture of not less than two hundred dollars ($200.00) together with statutory costs, and a forfeiture of not less than four hundred dollars ($400.00) together with statutory costs for each subsequent violation within one year. (Ord. 2011-03, 4-18-2011)