House Engrossed Senate Bill |
State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1351 |
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AN ACT
amending section 36‑2031, Arizona Revised Statutes; relating to public intoxication.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2031, Arizona Revised Statutes, is amended to read:
36-2031. Criminal laws limitations; exception
A. No county, municipality or other political subdivision may adopt or enforce any local law, ordinance, resolution or rule having the force of law that includes being a common drunkard or being found in an intoxicated condition as one of the elements of the offense giving rise to criminal or civil penalty or sanctions, but nothing in this article shall affect any laws, ordinances, resolutions or rules against drunken driving, driving under the influence of alcohol or other similar offenses involving the operation of vehicles, aircraft, boats, machinery or other equipment, or regarding the sale, purchase, dispensing, possessing or using of alcoholic beverages at stated times and places or by particular classes of persons.
B. No county, municipality or other political subdivision may interpret or apply any law of general application to circumvent the provision of subsection A.
C. Notwithstanding subsections A and B, the governing body of a municipality that operates its own detention facility or contracts with a county owned detention facility may enact an ordinance prohibiting a person from being intoxicated in public if that person is a danger to self or others.