Chapter 13
INTOXICATION*

Sections:

5-13.01    Intoxicating liquor defined.

5-13.02    Consumption of intoxicating liquor in public places.

5-13.03    Display of open containers.

5-13.04    Loitering with open containers.

5-13.05    Appearances in public in a state of intoxication.

5-13.06    Penalties for single offenses.

5-13.07    Penalties for subsequent offenses within 48 hours.

*    Sections 5-13.01 through 5-13.03, codified from Ordinance Nos. 369 N.C.S. and 41 C-M, amended in their entirety by Ordinance No. 599-83 C-M, effective August 25, 1983.

5-13.01 Intoxicating liquor defined.

For the purposes of this chapter, “intoxicating liquor” shall include any alcoholic beverage containing more than one-half (1/2) of one percent of alcohol by volume and all kinds of spirituous, vinous, and malt liquors.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)

5-13.02 Consumption of intoxicating liquor in public places.

It shall be unlawful for any person to drink or consume any intoxicating liquor in or upon any of the following places in the City:

(a)    Any public park, except as provided in Section 10-2.14 of Chapter 2 of Title 10 of this Code;

(b)    Any public street;

(c)    Any public way or sidewalk;

(d)    Any public school grounds; and

(e)    Any public place defined as follows:

(1)    Any enclosed area outdoors which is owned or occupied by the City and used for public purposes or which is owned or occupied by a public school district;

(2)    Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category shall include, but shall not be limited to, publicly owned open spaces, such as streets, sidewalks, parks, beaches, and open areas which may be either public or privately owned, such as entrance ways, alcoves, yards, and parking lots; except those outdoor areas reserved for the business of serving food and beverage to the public;

(3)    Any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises without regard to the pedestrian’s destination; and

(4)    Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks, or other public places open to the general public, except that the drinking of intoxicating liquor may be allowed in such areas and in conformity with such rules as are adopted by resolution of the Council and notice posted of such exception.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)

5-13.03 Display of open containers.

It shall be unlawful for any person to have possession while in any public place described in Section 5-13.02 of this chapter of any bottle, can, or other receptacle containing any intoxicating liquor which bottle, can, or other receptacle has been opened, or a seal broken, or the contents of which have been partially removed, unless such receptacle is fully enclosed in a box or other container so as to be inaccessible for consumption without opening the box or other container. This section shall not be construed to apply under any circumstance governed or regulated by the Vehicle Code of the State.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)

5-13.04 Loitering with open containers.

It shall be unlawful for any person to loiter or remain idle in substantially one location in any public place described in Section 5-13.02 of this chapter while having the possession of any bottle, can, or other receptacle containing any intoxicating liquor which bottle, can, or other receptacle has been opened, or a seal broken, or the contents of which have been partially removed. This section shall not be construed to apply under any circumstances governed or regulated by the Vehicle Code of the State.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)

5-13.05 Appearances in public in a state of intoxication.

It shall be unlawful for any person to be on any public street, or in any public place described in Section 5-13.02 of this chapter, or on any public property in the City in a state of intoxication.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)

5-13.06 Penalties for single offenses.

Any person who violates any section of this chapter shall be guilty of an infraction.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)

5-13.07 Penalties for subsequent offenses within 48 hours.

Any person who violates any section of this chapter, and who is cited for such violation, and who, within forty-eight (48) hours after receiving such citation, again violates the same section shall be guilty of a misdemeanor.

(§ 1, Ord. 599-83 C-M, eff. August 25, 1983)