2/23/16 Scottsdale’s ordinance barring Public Intoxication is unconstitutional because it conflicts with Arizona state law.
Scottsdale City Code (“S.C.C.”) section 19-8(a) makes being “incapacitated by alcohol in public,” a class 1 misdemeanor. Arizona statute 36-2031 prohibits local laws criminalizing conduct having as an element of an offense “being a common drunkard or being found in an intoxicated condition.” A local ordinance is unconstitutional if it seeks to make illegal conduct in a subject area which has been preempted by State law. In State v. Cole, the court of appeals said the state statute shows that the State has preempted local ordinances in the subject area of public intoxication and therefore Scottsdale City Code 19-8(a) is unconstitutional.
https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/1%20CA-CR%2013-0250.pdf
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