[CC 1970 §21-88; CC 1947 §11-60; Ord. No. 3875 §§1—2, 3-8-1977; Ord. No. 5649 §1, 9-11-2001]
A. Definitions. As used in this Section, the following terms
shall have the meanings hereinafter stated:
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.
B. Driving While Intoxicated. A person commits the offense
of driving while intoxicated if he/she operates a motor vehicle while
in an intoxicated or drugged condition. No person convicted of or
pleading guilty to the offense of driving while intoxicated shall
be granted a suspended imposition of sentence for such offense, unless
such person shall be placed on probation for a minimum of two (2)
years.
C. Driving With Excessive Blood Alcohol Content.
1. A person
commits the offense of driving with excessive blood alcohol content
if such person operates a motor vehicle in this City with eight-hundredths
of one percent (.08%) or more by weight of alcohol in such person's
blood.
2. 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
or two hundred ten (210) liters of breath and may be shown by chemical
analysis of the person's blood, breath, saliva or urine. For the purposes
of determining the alcoholic content of a person's blood under this
Section, the test shall be conducted in accordance with the provisions
of State law.
[CC 1970 §21-88.1; Ord. No. 4950 §§1—2, 1-12-1993; Ord. No. 5649 §1, 9-11-2001]
A. Upon a plea of guilty, a finding of guilty or a suspended imposition of sentence (SIS), for any offense violating the provisions of Section
342.010 of this Code for an intoxication-related driving offense, the court shall, in addition to imposition of any penalties provided by law, order the defendant to reimburse the City for the costs relating to the investigation, arrest, processing and incarceration of said defendant.
B. The City
Police Department shall establish, maintain and provide a schedule
of costs to the Municipal Court for its consideration in recouping
those costs related to this Section. The court has the authority to
order any costs reduced if determined to be excessive.
[CC 1970 §21-88.2; Ord. No 5539 §1, 11-9-99]
A. Definitions. As used in this Section, the following terms
shall have the meanings ascribed to them.
INTOXICATING LIQUOR
Any alcoholic beverage containing in excess of one-half of
one percent (.5%) alcohol by volume as defined by Section 311.020,
RSMo.
NON-INTOXICATING BEER
Beer having an alcohol content of not less than one-half
of one percent (.5%) nor more than three and two-tenths percent (3.2%)
by volume as defined by Section 312.020, RSMo.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially
modified so that it may be used for the purpose of temporary housing
quarters, including sleeping and eating facilities, which are permanently
attached to the motor vehicle.
B. No person
shall consume any alcoholic beverage while operating a motor vehicle
upon a public street, highway or alley or while they are passengers
in a motor vehicle upon a public street, highway or alley unless otherwise
exempted in this Section.
C. No person
shall knowingly transport any alcoholic beverage, except in the original
container which shall not have been opened and the seal upon which
shall not have been broken and from which the original cork or cap
shall not have been removed while operating a motor vehicle upon any
public street, highway or alley.
D. Nothing
is this Section shall be construed as to prohibit the otherwise legal
consumption of an alcoholic beverage by passengers on a privately
or publicly owned transit bus, minibus, van or similar vehicle that
has been chartered and is not being utilized for conveyance of the
general public. However, the driver of such motor vehicle may not
possess, have ready access to or consume any alcoholic beverage while
operating the motor vehicle on any public street, highway or alley.
E. Nothing
in this Section shall be construed to prohibit the otherwise legal
consumption of an alcoholic beverage by passengers riding in the living
quarters of a recreational motor vehicle. However, the driver of such
motor vehicle may not possess, have ready access to or consume any
alcoholic beverage while operating the motor vehicle on any public
street, highway or alley.
F. Any person
who shall be convicted of a violation of any provision of this Section
shall be deemed guilty of a misdemeanor.