It is the list of examples in the Boise City disorderly conduct ordinance that distinguishes it from the Pocatello ordinance which the Court in
Bitt found to be vague, generalized and giving no guidelines for the exercise of discretion. Were this Court to review only the first paragraph of the disorderly conduct ordinance, we could hold the same to be unconstitutional and vulnerable to a facial attack, as in
Bitt. However, we conclude that the disorderly conduct ordinance should be read to mean that each of the circumstances in subsections A through E is a violation, albeit not the only conduct proscribed perhaps by the ordinance. We conclude that, through the use of the word “may,��� the Boise City Council intended to provide that the specifically defined conduct would be a violation of the ordinance, but did not intend to limit violations to the examples in the five subsections. The “may” language recognizes that a police officer is vested with discretion to decide whether a violation has occurred, as is appropriate, and that the “core of circumstances” found in the five examples of conduct directs the exercise of discretion of the police. The fatal constitutional flaw in the ordinance at issue in
Bitt, supra, is not present in the Boise City disorderly conduct ordinance which sets out guidelines for citizens seeking to conform their conduct to the ordinance and for the police to enforce the ordinance in a fair and unbiased manner.