(1) A person is under the influence of alcohol or controlled substances under this section if alcohol or controlled substances can be smelled on the person’s breath and/or clothes or the person is displaying erratic behavior caused by being under the influence of alcohol and/or controlled substances.

(2) No person shall be under the influence of alcohol in public on the reservation.

(3) No person shall use or be under the influence of any controlled substance, except when administered by or under the direction of a person licensed by the state of California to dispense, prescribe or administer controlled substances.

(4) It shall be the burden of the cited person to show that he or she comes within the exception in subsection (1) of this section. [Ord. 12-15-2021A § 8.3, 2021.]