State v. Coles

OPINION

CATTANI, Judge.

¶ 1 David Harold Coles appeals the superi- or court’s ruling rejecting his argument that Scottsdale’s public intoxication ordinance is preempted by a state statute that prohibits local ordinances penalizing or imposing sanctions for intoxication. For reasons that follow, we conclude that the state statute preempts the local ordinance, and we reverse the superior court’s ruling.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On December 21, 2011, the City of Scottsdale cited Coles under Scottsdale City Code (“S.C.C.”) section 19-8(a) for being “incapacitated by alcohol in public.” No…