Chapter 9.05
PUBLIC INTOXICATION
Sections:
9.05.060 Open container in motor vehicles.
9.05.010 Title.
This chapter shall be known as the Josephine County Public Intoxication Ordinance. [Ord. 2023-004 § 1; Ord. 2000-2 § 1.]
9.05.020 Purpose and intent.
The Josephine County Board of Commissioners has determined that it is in the public interest and necessary for the promotion of the safety, convenience and general welfare of the citizens of the County to prohibit consumption of intoxicants in public rights-of-way in Josephine County. [Ord. 2023-004 § 1; Ord. 2000-2 § 2.]
9.05.030 Definitions.
As used in this chapter, the following terms have the following meanings:
“Alcoholic Liquor” means any spirits, wine, beer, ale or other liquid containing more than one-half of one percent of alcohol by volume, which is fit for beverage purposes or intended for beverage purposes.
“Intoxicant” means any substance that significantly affects reasoning ability or the ordinary use of bodily senses. Intoxicants include but are not limited to: alcoholic liquor, LSD, psilocybin, psilocin, methadone, oxycodone, heroin, fentanyl, MDMA/ecstasy, MDA, MDEA/Eve, cocaine, methamphetamine, cannabis, THC, opium and kratom. “Intoxicant” does not include caffeine, sugar, or tobacco.
“Open Container” means any receptacle which has been opened, or a seal broken, or the contents of which have been partially removed.
“Public Property” has the meaning given that term in ORS 131.705. [Ord. 2023-004 § 1; Ord. 2000-2 § 3.]
9.05.040 Consumption.
No person shall consume any intoxicant while in or upon public property where any consumption of intoxicants is generally prohibited, including but not limited to any public thoroughfare, public street, sidewalk, alley, road shoulder or any other public right-of-way. [Ord. 2023-004 § 1; Ord. 2000-2 § 4.]
9.05.050 Open container.
No person shall be in possession of any glass, can, vessel, pipe, syringe, pen or other open container containing an intoxicant while in or upon public property where any consumption of intoxicants is generally prohibited, including but not limited to any public thoroughfare, public street, sidewalk, alley, road shoulder or any other public right-of-way. Nothing in this chapter prohibits the temporary possession of open containers for the purpose of recycling or waste disposal, or the transport of open containers in an area of the vehicle not normally occupied by the driver or passengers. [Ord. 2023-004 § 1; Ord. 2000-2 § 5.]
9.05.060 Open container in motor vehicles.
No person shall have in his or her possession an open container containing an intoxicant within or on a motor vehicle, including motorcycles, while such vehicle is in motion, or while parked or standing upon public property where any consumption of intoxicants is generally prohibited, including but not limited to any public thoroughfare, public street, sidewalk, alley, road shoulder or any other public right-of-way. Nothing in this chapter prohibits the transport of open containers for the purpose of recycling or waste disposal, or the transport of open containers in an area of the vehicle not normally occupied by the driver or passengers. [Ord. 2023-004 § 1; Ord. 2000-2 § 6.]
9.05.070 Penalty.
Any person, firm or corporation violating any provision of this chapter shall be considered to be trespassing on public property and subject to prosecution for the offense of trespass subject and according to the laws of the State of Oregon. A separate offense shall be deemed committed on each day during or on which a violation of this chapter occurs or continues. [Ord. 2023-004 § 1; Ord. 2000-2 § 7.]