A person who appears to be incapacitated by alcohol or drugs or other substance, or intoxicated in a public place, and the health or safety of the person or others is at risk, may be taken into protective custody and assisted by a police officer to the person’s home or, when medical care is required and such care is inadequate at the state jail, to a healthcare facility. When the person’s home is unavailable and the person is not in need of medical care in a healthcare facility, the person may be transported to the state jail, where they will be evaluated by the jail medical personnel. Upon determination by the jail medical personnel, the person may thereafter be taken to a healthcare facility or retained in the jail for no longer than twelve (12) hours. A fee for taking a person into protective custody in accordance with this section shall be established and may be periodically adjusted by noncode ordinance. [Ord. 01-09 § 3.]