[CC 1975 §75.620; Ord. No. 90-14 §75.620, 5-15-1990; Ord. No. 01-39 §1, 10-2-2001; Ord. No. 08-48 §1, 12-16-2008]
No person shall operate a motor vehicle in the City while in an intoxicated condition as defined by the Statutes of the State. Any person who violates the provisions of this Section shall be deemed guilty of a misdemeanor.
[Ord. No. 08-48 §2, 12-16-2008]
No person shall operate a motor vehicle in the City while under the influence of a controlled substance, drug or any combination thereof as defined by the Statutes of the State. Any person who violates the provisions of this Section shall be deemed guilty of a misdemeanor.
[Ord. No. 01-39 §2, 10-2-2001]
A. 
A person commits the offense of driving with excessive blood alcohol content if such person operates a motor vehicle while in this City with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's blood.
B. 
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva or urine.
C. 
For purposes of determining the alcoholic content of a person's blood under this Section, the provisions of Section 577.010 et seq., RSMo., 2000, as amended, shall govern the conduct of the test given, the effect of the results thereof, the procedures upon refusal to submit to the test, or any other issue arising thereunder or hereunder and compliance therewith shall be deemed to be compliance herewith.
D. 
For purpose of this Section, the definitions contained in the Criminal Code, Section 566.010 et seq., RSMo., 2000, as amended, shall govern and apply.
E. 
Violation of this Section shall be punished by a fine not exceeding five hundred dollars ($500.00) in amount or imprisonment not exceeding three (3) months in duration, or by both such fine and imprisonment.
A. 
Any person who operates a motor vehicle upon the public highways of this City shall be deemed to have given consent to, subject to the provisions of Sections 577.020 to 577.041, RSMo., a chemical test or tests of his/her breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his/her blood if arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition. The test shall be administered at the direction of the arresting Law Enforcement Officer whenever the person has been arrested for the offense.
B. 
The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
C. 
Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., shall be performed according to methods approved by the State Department of Health by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health for this purpose.
D. 
The State Department of Health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health.
E. 
The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his/her own choosing and at his/her expense administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer.
F. 
Upon the request of the person who is tested, full information concerning the test shall be made available to him/her.
[CC 1975 Ch. 76 §7; Ord. No. 714 §7, 12-19-1984]
A. 
No person charged with driving while intoxicated (Section 342.010 above) or driving with excessive blood alcohol content (Section 342.020 above) shall have his/her case heard in Municipal Court except in accordance with the following procedure:
1. 
The defendant must either be represented by an attorney, or must voluntarily waive his/her right to such representation by execution of a written waiver. If the defendant chooses to do neither (or if because he/she is an indigent is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the State Prosecuting Official. Only if the State Prosecuting Official declines to proceed with a State criminal prosecution shall the municipal prosecution be resumed.
2. 
Neither the Municipal Judge nor any other Municipal Official shall have the power to revoke any operator's or chauffeur's license.
[Ord. No. 91-4 §§1 — 7, 1-8-1991]
A. 
No person shall knowingly transport in any vehicle operating upon a public highway, street, or alley any alcoholic beverage except that it be:
1. 
In the original container with the original seal intact and the container shall not have been opened; or
2. 
The opened container be in the closed rear trunk or compartment of the vehicle and not accessible to the driver or any passenger while the vehicle is in motion. In the case of a pickup truck, station wagon, hatchback or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any passenger unless the driver or passenger has an open container at the time of the traffic stop.
B. 
No driver of a motor vehicle shall allow any alcoholic beverage to be consumed in a moving motor vehicle which he/she is driving nor shall any person consume any alcoholic beverage while in a moving motor vehicle.
C. 
Nothing in this Section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers of a privately or publicly owned transit authority that has been chartered and is not being utilized for the 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 said alcoholic beverages.
D. 
This Section shall not apply to the living quarters of a recreational vehicle, as defined by this Section.
E. 
It shall be unlawful for any person to be in possession of an alcoholic beverage in an open container when upon or in any public highway, street, alley, public place, public park, or public square.
F. 
Definitions. As used in this Section the following terms shall have these prescribed meanings:
ALCOHOLIC BEVERAGE
Any alcohol used for beverage purposes, whether by itself or in combination with other alcoholic beverages or non-alcoholic beverages.
MOTOR VEHICLE
Any mechanical device on wheels, designed primarily for use on streets and highways, except motorized bicycles and vehicles propelled or drawn by human power, or vehicles used exclusively on fixed rails or tracks.
RECREATIONAL VEHICLE
Any motor vehicle designed, constructed or substantially modified so that it may be used for the purpose of temporary housing quarters, including therein sleeping and eating quarters which are permanently attached to the vehicle.