As used in this Chapter the following terms shall have these
prescribed meanings:
INTOXICATED CONDITION
A person is in an "intoxicated condition" when he/she is
under the influence of alcohol, a controlled substance, or drug, or
any combination thereof.
[Ord. No. 2622 §1, 9-25-2001; Ord.
No. 4558, 2-13-2023]
A. Generally. A person commits the offense of "driving while
intoxicated" if he/she operates a motor vehicle while in an intoxicated
and/or drugged condition.
B. Driving With Excessive Blood Alcohol Content. A person commits
the offense of "driving with excessive blood alcohol content" if he/she
operates a motor vehicle in this City with eight-hundredths of one
percent (0.08%) or more by weight of alcohol in his/her blood.
C. Marijuana
shall not be consumed by any person operating or in physical control
of any motor vehicle or other motorized form of transportation in
the City.
D. Marijuana-infused
products shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in the City.
E. No
person shall smoke marijuana within a motor vehicle or other motorized
form of transportation while it is being operated within the City.
F. As
used herein, the term "marijuana-infused products" shall mean products
that are infused, dipped, coated, sprayed, or mixed with marijuana
or an extract thereof, including, but not limited to, products that
are able to be vaporized or smoked, edible products, ingestible products,
topical products, suppositories, and infused prerolls.
[Ord. No. 2622 §2 — 3, 9-25-2001]
A. Upon the trial of any person for violation of any of the provisions of Section
345.020, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subsection (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. It shall be prima facie evidence that the person was intoxicated if such person has eight-hundredths of one percent (0.08%) or more by weight of alcohol in such person's blood.
B. Percent
by weight of alcohol in the blood shall be based upon grams of alcohol
per one hundred (100) milliliters of blood or grams of alcohol per
two hundred ten (210) liters of breath.
C. The
foregoing provisions of this Section shall not be construed as limiting
the introduction of any other competent evidence bearing upon the
question whether the person was intoxicated.
D. A chemical
analysis of a person's breath, blood, saliva or urine, in order to
give rise to the presumption or to have the effect provided for in
Subparagraph (1) of this Subsection, shall have been performed as
provided in Sections 577.020 to 577.041, RSMo., and in accordance
with methods and standards approved by the State Department of Health.
[CC 1989 §13-136; Ord. No. 1975 §1, 7-8-1996]
A. No
person shall transport an open container of an alcoholic beverage
in a motor vehicle traveling upon the streets or highways of this
City except in the original container which shall not have been opened
and the seal upon which shall not have been broken, unless the opened
container be in a compartment outside of the passenger compartment
of the vehicle which is not accessible to the driver or any other
person in such vehicle while it is in motion.
B. No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon the streets and highways of this City.
C. Nothing
in this Section shall be construed as to prohibit the otherwise legal
consumption of alcoholic beverages by passengers on a privately or
publicly owned transit authority that has been chartered and is not
utilized for conveyance of the general public, where the operation
and control of such conveyance is by a person not in possession of
or with ready access to such alcoholic beverage. This Section shall
not apply to the living quarters of a recreational motor vehicle.
D. A violation
of this Section shall be punishable by a fine of not less than twenty-five
dollars ($25.00) and not more than fifty dollars ($50.00) or incarceration
for a period not to exceed ninety (90) days, or a combination of both
fine and incarceration.