Jackson toughens ordinance for public intoxication

Jackson streets and sidewalks just got a little stricter when it comes to alcohol consumption.

The Jackson Board of Aldermen voted to bolster a city ordinance banning the public drinking of alcohol -- which Jackson city attorney Tom Ludwig called "antiquated" -- by expanding the prohibition to forbid pedestrians from being "in an intoxicated condition."

The old ordinance prohibited drinking "intoxicating liquor or nonintoxicating beer" on public streets, parking lots, alleys, etc., but left it to other ordinances to address public drunkenness. The new ordinance, Ludwig said, streamlines the city code.

"It just adds another subsection or paragraph to the existing ordinance to make it clear that public intoxication is an illegal and prosecutable offense," Ludwig said.

On the orders of the board and with advice from Jackson law-enforcement officials, Ludwig said he drafted the new ordinance to make it more appropriate for the types of enforcement in which the city engages currently.

"Instead of having an old 1930s or 1940s ordinance that says, 'Thou shalt not,' it makes it better, more current," Ludwig said. "It doesn't change anything that's being done in the streets; it just brings the language more up to date."

But Ludwig also explained the ordinance is largely precautionary, since he typically uses it to prosecute only a couple of people per year.

"It's for the extremely rare occasions when someone is staggering in the street and endangering themselves," he said. "I'm sure there have been years go by when we've had zero instances. But it's an ordinance that a town has to have. You need it on the books."

The statute includes a clause exempting events or activities, such as Oktoberfest celebrations, from the public-drinking ban if organizers obtain appropriate permits.

"This should absolutely not affect that," Ludwig said of Jackson's seasonal big-ticket celebrations such as Homecomers. "In Jackson, the beer venues are cordoned off, and the drinking is contained."

During last week's study session, several aldermen expressed the desire the term "intoxicated condition" be more clearly articulated in the ordinance. The new ordinance defines unlawful public intoxication as "when he or she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof, so as to be impaired in his or her ability to safely walk [on public streets, parking lots, alleys, highways, thoroughfares, or sidewalks within the city]."

Law-enforcement officers will be responsible for making a determination when a person has become clearly and dangerously impaired.

During Monday night's meeting, the board also set a date for the annual Park Day for Saturday, April 30, and approved the city's intent to participate in the Show-Me Green Tax Holiday from April 19 to April 25.

tgraef@semissourian.com

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