Subd. 1. Public Policy. It is the policy of the city to provide for the safety, health and welfare of the public while prohibiting certain harmful conduct of intoxicated persons in public places.
Subd. 2. Definitions. For purposes of this section:
A. The term "public place" means and 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, and any indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not. "Public place" excludes the interior premises of a licensed alcohol establishment.
B. The term "intoxicated person" means any person who is presently impaired, mentally or emotionally, as a result of the presence of alcohol, drugs or a controlled substance in the person's body. Evidence of an "intoxicated person" may include, but is not limited to, any combination of the following indicators: odor of intoxicants on the breath; bloodshot, watery eyes; dilated pupils; stumbling or staggering; slurred speech; failure of standardized field sobriety testing (SFST); failure of drug recognition protocol; or alcohol concentration of .08 or more as measured by a portable breath testing device (PBT).
C. The term "public disruption" means and includes any conduct by an intoxicated individual in a public place to include loud, boisterous yelling, urinating in public, lewd or combative conduct, or disobeying a peace officer's lawful command.
Subd. 3. Disruptive Intoxication. No intoxicated person shall, in a public place:
A. Conduct him or herself so as to be a danger to themselves or others;
B. Be unable to exercise care for their own safety or the safety of others; or
C. Engage in a public disruption.
Subd. 4. Sobriety Testing. No person shall be cited under this section unless one of the following is satisfied:
A. The person has attempted and failed either SFST or a PBT;
B. Denied a request to submit to SFST or a PBT by a peace officer who has reasonable articulable suspicion to request testing; or
C. A person so intoxicated or belligerent that performing SFST or a PBT would put the individual, peace officers or others at risk of harm.
(Ord. 19, Fourth Series, passed 8-16-2011; Ord. 54, Fourth Series, passed 12-6-2016)