(a) No person shall:
(1) Appear in a public place in an intoxicated condition;
(2) Drink alcoholic liquor in a public place;
(3) Drink alcoholic liquor in a motor vehicle on any highway, street, alley or in a public garage;
(4) Tender a drink of alcoholic liquor to another person in a public place;
(5) Possess alcoholic liquor in the amount in excess of ten gallons, in containers not bearing stamps or seals of the West Virginia Alcohol Beverage Control Commissioner without having first obtained written authority from the Commissioner therefor;
(6) Possess any alcoholic liquor which was manufactured or acquired in violation of the provisions of this article; or
(7) Purchase or attempt to purchase alcoholic liquor, wine or nonintoxicating beer if such person at the time of the purchase or attempted purchase is under the age of twenty-one years of age. (Ord. 0-226. Passed 6-14-83.)
(8) Carry upon a public street, sidewalk or in any public place within the City an open can, bottle or other container of any alcoholic liquor or nonintoxicating beer; or deposit the same in any public place except in a receptacle intended to be used for the deposit of refuse; or throw the same or deposit the same upon private property.
(Ord. 0-180. Passed 1-8-83.)
(b) Any law-enforcement officer may arrest without a warrant and take the following actions against a person who, in his presence, violates subsection (a)(l) hereof:
(1) If there is some nonintoxicated person who shall accept responsibility for the intoxicated person, the officer may issue the intoxicated person a citation specifying a date for appearance before a judicial officer and release him to the custody of the individual accepting responsibility: provided, that the issuance of a citation shall be used whenever feasible;
(2) If it does not impose an undue burden on the officer he may, after issuance of such citation transport the individual to the individual's present residence or arrange for such transportation;
(3) If the individual is incapacitated or the alternatives provided in subsection (b) (1) and (2) hereof are not possible, the officer shall transport or arrange for transportation to the appropriate judicial officer as defined by W. Va. Code 27-1-17; or
(4) If the individual is incapacitated and, in the law-enforcement officer's judgment is in need of acute medical attention, that officer shall arrange for transportation by ambulance or otherwise to a hospital emergency room. The officer shall accompany the individual until he is discharged from the emergency room or admitted to the hospital. If the individual is released from the emergency room, the officer may proceed as described in subsection (b) (1), (2) and (3) hereof. If the individual is admitted to the hospital, the officer shall issue a citation to the individual specifying a date for appearance before a judicial officer.
(c) Upon presentment before the proper judicial officer the law-enforcement officer shall serve as the chief complaining witness. The judicial officer shall make a finding that there is probative evidence that the individual may be guilty of the charge of public intoxication. If such evidence is not presented, the charge shall be dismissed and the individual released. If sufficient evidence is presented the judicial officer shall issue a warrant and establish bail or issue a summons to the individual. Once a warrant or summons has been issued, the following actions may be taken:
(1) If the individual is no longer incapacitated, he may be released;
(2) If the individual is still incapacitated but a nonintoxicated person is available to accept responsibility for him, he may be released to the responsible person; or
(3) If the individual is still incapacitated and no responsible person is available, the judicial officer shall proceed under the provisions of W. Va. Code 27-5 or 6A.
(d) Any law-enforcement officer is hereby authorized and empowered to arrest and hold in custody, without a warrant, until complaint may be made before a judicial officer and a warrant or summons issued, any person who in the presence of the law-enforcement officer violates any one or more of the provisions in subsection (a)(1) through (6) hereof: provided, that the law- enforcement officer may use reasonable force to prevent harm to himself, the individual arrested or others in carrying out the provisions of this section.
(Ord. 0-226. Passed 6-14-83.)