public intoxication in clark county

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[ARCHIVED THREAD] - public intoxication in clark county

Posted: 8/9/2005 2:00:07 PM EDT

Is their laws against it in Vegas and other citys in clark county.

Posted: 8/9/2005 3:28:28 PM EDT

[#1]

im not sure if there are or not...but if you think about it...this whole city was built around the idea of public intoxication.

Posted: 8/9/2005 6:05:01 PM EDT

[#2]

State Law:

NRS 458.260 Intoxication not public offense; exceptions.

1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

(b) Elements of an offense giving rise to a criminal penalty or civil sanction.

2. The provisions of subsection 1 do not apply to:

(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and

(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

3. This section does not make intoxication an excuse or defense for any criminal act.

(Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406)

NRS 458.270 Procedure for placing person in civil protective custody.

1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.

2. A peace officer may use upon such a person the kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.

3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in a licensed facility, jail or detention facility longer than 48 hours.

4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

5. The placement of a person found under the influence of alcohol in civil protective custody must be:

(a) Recorded at the facility, jail or detention facility to which he is delivered; and

(b) Communicated at the earliest practical time to his family or next of kin if they can be located.

6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

7. The provisions of this section do not apply to a person who is apprehended or arrested for:

(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and

(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

(Added to NRS by 1973, 1060; A 1975, 1145; 1989, 1181; 1997, 333; 1999, 3407; 2001, 425)

Boulder City:

7-1-5: DRUNKENNESS:

No person shall be drunk or intoxicated so as to disturb the good order and quiet of the City or be found in any public place within the City in such a state of intoxication that he is unable to care for his own safety or for the safety of others. (Ord. 28, 1-3-1960, eff. 1-4-1960)

Henderson:

Section 8.40.020 Gross intoxication prohibited.
Gross intoxication upon the public streets, alleys or highways of the city, or in any place within the city to which the public is invited, is prohibited. Any person who violates the provisions of this section shall be guilty of a misdemeanor. (Ord. 17 § 1, 1953)

Mesquite:

Section 5-1-4-1 PUBLIC INTOXICATION:

A. Person Placed In Civil Protective Custody: Except as provided in subsection B of this Section, a person who is found in any public place within the City under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the safety or the health of others, shall be placed under civil protective custody by a police

officer, who shall then comply with the provisions of Nevada Revised Statutes 458.270.

B. Exception: The provisions of this Section do not apply to any driver apprehended or arrested for the offense of operating a vehicle under the influence of intoxicating liquor or controlled substances, pursuant to Section 1-4-3 of this Code. (Ord. 11, 8-16-1984)

While Skiing:

NRS 455A.170 Prohibition against intoxication and use of controlled substances; duty to provide name and address to person injured in collision; penalty.

1. A skier shall not ski, or embark on a ski lift that is proceeding predominantly uphill, while intoxicated or under the influence of a controlled substance as defined in chapter 453 of NRS, unless in accordance with a lawfully issued prescription.

2. A skier who is involved in a collision in which another person is injured shall provide his name and current address to the injured person, the skiing operator or a member of the ski patrol:

(a) Before he leaves the vicinity of the collision; or

(b) As soon as reasonably possible after leaving the vicinity of the collision to secure aid for the injured person.

3. A person who violates a provision of this section is guilty of a misdemeanor.

(Added to NRS by 1987, 2091; A 1993, 2236; 1995, 1723)

The others simply cite locations where you cannot drink. I couldn't find a specific "public intoxication" or "public drunkeness" code.

Posted: 8/9/2005 6:19:55 PM EDT

[#3]

Do not forget

Las Vegas, Riding while intoxicted

7.32.140 Riding or driving animals while intoxicated.

It shall be a misdemeanor for any person to ride or drive an equine while such person is under the influence of intoxicating liquor or drug.

(Ord. 3618 § 133, 1991)

Posted: 8/9/2005 6:27:55 PM EDT

[#4]

Quoted:
Do not forget

Las Vegas, Riding while intoxicted

7.32.140 Riding or driving animals while intoxicated.

It shall be a misdemeanor for any person to ride or drive an equine while such person is under the influence of intoxicating liquor or drug.

(Ord. 3618 § 133, 1991)

Here's the answer to that

[ARCHIVED THREAD] - public intoxication in clark county

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