(A) No person shall be upon any public street or public place if he or she is intoxicated.
(B) If a person who appears to be intoxicated upon a public street or public place consents, he or she may be assisted to his or her home or to a detoxification, public treatment, private treatment or other health facility, either directly by the police or through an intermediary person.
(C) A person who appears to be incapacitated by alcohol while upon a public street or public place, and who shows symptoms of the physical, emotional or social disabilities associated with alcoholism, shall, on probable cause shown, be taken into protective custody by the police and forthwith brought to a detoxification facility or other facility customarily available for detoxification. If no detoxification facility is readily available, he or she shall be taken to an emergency medical service customarily used for incapacitated persons. The police, in detaining the person and in taking the person to a detoxification facility, are taking him or her into protective custody and shall make every reasonable effort to protect his or her health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself or herself. A taking into protective custody under this section alone is not an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime, unless there has been an arrest for another incident unrelated to the person’s status as an alcoholic.
(D) An intoxicated person who, as a direct result of his or her excessive use of alcohol, has threatened, attempted or inflicted physical harm on another and is likely to inflict physical harm on another unless omitted, or is incapacitated by alcohol and shows symptoms of the physical, emotional or social disabilities indicative of alcoholism, may be committed to a detoxification facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
(E) No authorized person acting in good faith and without negligence in connection with the preparation of petitions, applications, certificates or other documents for the apprehension, taking into protective custody, transportation, examination, treatment, detention or discharge of an individual under this section shall incur any liability, civil or criminal, by reason of his or her actions under this section.
(2000 Code, § 9.20.010) Penalty, see § 135.99