A. Declaration Of Policy: It is the policy of the city of Moorhead to provide for the safety, health and welfare of the public while prohibiting certain harmful conduct of intoxicated persons.
B. Definitions: The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:
INTOXICATED PERSON: A person who is presently impaired, mentally or emotionally, as a result of the presence of alcohol, drugs, a controlled substance in the person's body or a combination thereof. Evidence of an intoxicated person may include, but is not limited to, any combination of the following indicators:
1. Odor of intoxicants on the breath,
2. Bloodshot, watery eyes,
3. Dilated pupils,
4. Stumbling or staggering,
5. Slurred speech,
6. Indicators of standardized field sobriety tests,
7. Opinion of a drug recognition expert/evaluator,
8. Alcohol concentration of .08 or more as taken by a portable breath test (PBT),
9. Unconsciousness or unresponsiveness.
PUBLIC DISRUPTION: Conduct by an individual to include loud, boisterous yelling, urinating in public, lewd or combative conduct, harassing or offensive conduct, behavior that will tend to alarm, anger or disturb others, disobeying a police officer's lawful command or interfering with the flow of pedestrian or vehicular traffic. Such conduct includes being found in a public place unconscious or unresponsive due to intoxication or when an individual is intoxicated and refuses to leave private property when directed by the owner or person(s) in control of the private property.
PUBLIC PLACE: Includes a building or place controlled by the city, a school, a place of worship, any public street, including public sidewalk, alley, walk or other publicly owned lands. Public place shall include privately owned buildings or parking lots that are open to the public by invitation or custom, such as businesses and apartment complexes. Public place excludes the premises of a licensed alcohol establishment.
C. Disruptive Intoxication: No person, while intoxicated in a public place, shall conduct him or herself so as to be a danger to themselves or others and/or engage in public disruption.
D. Sobriety Testing: No person shall be cited under this section without first having been offered and failed the standardized field sobriety test or a portable breath test (PBT); however, a person incapable and/or having refused field sobriety testing or a PBT may be cited under the criteria set forth in subsection B of this section.
E. Penalty: Any person violating any provisions of this section shall be, upon conviction, penalized in accordance with the provisions of section 1-4-2 of this code. (Ord. 2014-06, 5-27-2014)