[CC 1997 §8-21]
A.
A person commits the offense of public use of an intoxicating substance when he/she shall drink or otherwise consume any alcoholic beverage, intoxicating liquor; or use any controlled substance or narcotic drug in any street, public park or other public place.
B.
A person who appears to be incapacitated or intoxicated may be taken by a Peace Officer to the person's residence, to any available treatment service, or to any other appropriate local facility, which if necessary include jail, for custody not to exceed twelve (12) hours. (Detainment may be considered if the officer has reasonable grounds to believe the person is incapacitated or intoxicated and he/she does not use unreasonable excessive force to detain such person.)