A. Any person who is intoxicated in a public place may be taken or sent to his home or to a treatment facility by the police. However, if the intoxicated person is incapacitated, his health appears to be in immediate danger, or the police have reasonable cause to believe the person is dangerous to himself or to any other person; he may be taken by the police to an appropriate treatment facility. A person shall be deemed incapacitated when he is unable to make a rational decision as to the acceptance of assistance.

B. The director of the treatment facility shall determine whether a person shall be admitted, or referred to another treatment facility, or denied referral or admission. If he is incapacitated or his health appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to himself or to any other person, he must be admitted.

C. In the absence of any treatment facility, an intoxicated person who would otherwise be taken by the police to a treatment facility may be taken to the city jail, where he may be held until he is no longer intoxicated or incapacitated.

D. Unless the person has within twenty four hours applied for voluntary admission to the treatment facility, he shall be discharged.

E. An intoxicated person taken into custody by the police for a violation of a city ordinance shall immediately be taken to an available treatment facility, if any, when his condition of intoxication requires emergency medical treatment.

F. The records of a person at a treatment facility shall be confidential and shall not be disclosed without the consent of that person. A person’s request that no disclosure be made of his admission to a treatment facility shall be honored unless he is incapacitated or disclosure of his admission is otherwise required by law.

G. No peace officer, treatment facility and staff, physician or judge shall be held criminally or civilly liable for actions pursuant to this section; provided, that he acts in good faith, on probable cause, and without malice. (Ord. 1455, 1979)