§ 4.06.020. Definitions.

1.

"Incapacitated person" means a person who, as the result of the use of alcohol, drugs or another controlled substance, is unconscious or whose judgment is so impaired that he or she is incapable of making rational decisions, as evidenced objectively by indicators such as extreme physical debilitation, physical harm or threats of harm to himself/herself or to any other person or to property.

2.

"Intoxicated person" means a person whose mental or physical functioning is impaired as a result of the use of alcohol, drugs or another controlled substance. Evidence of an intoxicated person shall include a combination of the following indicators:

(a)

Odor of intoxicants on the breath;

(b)

Bloodshot eyes;

(c)

Dilated pupils;

(d)

Stumbling or staggering;

(e)

Slurred speech; and/or

(f)

Failure of Standard Field Sobriety Test.

3.

"Public nuisance" means conduct by an individual that is:

(a)

A disturbance of the peace, including, but not limited to, endangering one's self or other persons or property;

(b)

Acting in an unruly or combative manner;

(c)

Creating loud noises to the disturbance of other persons;

(d)

Refusing to follow the instructions of a police officer;

(e)

Refusing to follow instructions to leave a residence or place of business by the owner, employee or other person in charge thereof; and/or

(f)

Otherwise disturbing the peace in any public place.

4.

"Public place" means a place to which the public has access and includes, but is not limited to places owned or controlled by the city, borough or state; any public street, highway, sidewalk, parking lot, alley, parks, schools, places of worship and places of business. Places of business include premises open to the public where alcohol is consumed, including a licensed alcohol establishment, as provided pursuant to Chapter 4.04, Alcoholic Beverage Dispensary, and Chapter 4.05, Alcoholic Restaurant or Eating Place.

(Ord. No. 13-03(Amd.), § 2(Exh. A), 11-1-2012)