(A) Possession, consumption and transportation of open alcoholic beverages and intoxicating inhalants is prohibited on the public areas and rights-of-way within the city. It shall be unlawful for any person to become or attempt to become intoxicated by inhaling the fumes of gasoline, toluene or any other solvent or product containing any such solvent.
(B) Any person who is in public and intoxicated at a level that presents a danger to themselves and/or others or creates a disturbance of the peace shall be guilty of a misdemeanor.
(C) It is unlawful for any person to consume any of the following: beer, wine or other alcoholic beverage or liquor, or any liquid or solid, patented or not, containing alcohol, spirits or wine, either on foot or by other means of locomotion, on any of the public rights-of-way or public areas of the city. PUBLIC AREAS shall include parking areas and lots, sidewalks, building traffic areas, loading and unloading areas, alleys, public easements, rivers and ditches, rights-of-way for public utilities, school grounds, parking areas along and adjacent to public streets and similar such areas of public use. This section shall be interpreted to exclude limited consumption of alcoholic beverages by individuals in city parks, ballfields, hockey rinks, city golf course and other places incidental to private social gatherings.
(D) It is unlawful for any person to breathe, inhale or drink any compound, liquid, chemical or other substance containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methylethyl ketone, tricholoathane, isopropanol methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, pentachlorophenol, petroleum ether, benzene, ethylene dichloride, trifluorethane, tetrafluorethane, difluorethane or any other toxic or intoxicating substance while present on the public areas or public rights-of-way within the city, as the same are set out hereinabove, whether on foot or by other means of locomotion.
(E) It is unlawful for any person to break open, or allow to be broken or opened, any container of beer, wine or other alcoholic beverage; or to possess any container of beer, wine or alcoholic beverage whose lid or cap is not securely fastened or, in the case of canned beverages, whose top has been popped open, while the person is present, either on foot or by other means of locomotion, upon the public streets or public areas of the city as the same are set out hereinabove.
(F) Exceptions for consumption during special events may be requested from the sponsoring agency at the office of the Clerk at least 72 hours prior to the event and the Police Chief is hereby authorized to review the request or deny the permit application. If alcohol is being sold, the application must be accompanied by a catering permit or nonprofit beer and/or wine permit issued by the state. If approved, the permit shall then be issued by the Clerk.
(Prior Code, § 5-2-8) (Ord. 12-784, passed 6-27-2012; Ord. 18-832, passed 10-3-2018) Penalty, see § 130.99