City Code

9.48: Disruptive Intoxication

Subdivision 1. Declaration of Policy. It is the policy of the City of Mankato to provide for the safety, health and welfare of the public while prohibiting certain harmful conduct of intoxicated persons.

Subdivision 2. Definitions. The following words and terms, when used in this subdivision, shall have the following meanings unless the context clearly indicates otherwise.
  1. Public Place. Public Place 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. Public Place shall include privately owned parking lots that are open to the public by invitation or custom, such as businesses and apartment complexes. Public place excludes the premises of a licensed alcohol establishment.
  2. Intoxicated person. A person who is presently impaired, mentally or emotionally, as a result of the presence of alcohol, drugs, a controlled substance in the person’s body or a combination thereof. Evidence of an intoxicated person may include, but is not limited to, any combination of the following indicators:
    1. odor of intoxicants on the breath,
    2. bloodshot, watery eyes,
    3. dilated pupils,
    4. stumbling or staggering,
    5. slurred speech,
    6. failure of Standardized Field Sobriety tests,
    7. failure of Drug Recognition Protocol,
    8. alcohol concentration of .08 or more,
    9. unconsciousness.
  3. Public Disruption. Conduct by an individual to include loud, boisterous yelling, urinating in public, lewd or combative conduct, disobeying a police officer’s lawful command or interfering with the flow of pedestrian or vehicular traffic.

Subdivision 3. Disruptive Intoxication. No person, while intoxicated, in a public place shall conduct him or herself so as to be a danger to themselves or others and/or engage in public disruption.

Subdivision 4. Sobriety Testing. No person shall be cited under this section without first having been offered and failed the Standardized field sobriety Test or a Portable Breath Test (PBT); however, a person incapable and or having refused Field Sobriety Testing or a PBT may be cited under the criteria set forth in Subdivision 2 B.