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.
LAW ENFORCEMENT OFFICER OR ARRESTING OFFICER
Includes the definition of Law Enforcement Officer in Subdivision
(17) of Section 556.061, RSMo., and military Policemen conducting
traffic enforcement operations on a Federal military installation
under military jurisdiction in the State of Missouri.
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.
[Ord. No. 6557 §§1—6, 7-9-1990]
A. Definitions
used in this Section are as follows:
ALCOHOLIC BEVERAGE
The term alcoholic beverage shall be construed to mean intoxicating liquor as defined in Section
600.010 of this Code.
MOTOR VEHICLE
Any mechanical device on wheels, designed primarily for use
on the highways, except motorized bicycles and vehicles propelled
or drawn by human power, or vehicles used exclusively on fixed rails
or tracks or cotton trailers.
POSSESSION
The term possession shall be defined as set forth in Section
600.010 of this Code.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially
modified so that it may be used and is used for the purpose of temporary
housing quarters, including therein sleeping and eating facilities
which are permanently attached to the motor vehicle. Nothing herein
shall prevent any motor vehicle being registered as a commercial motor
vehicle if the motor vehicle could otherwise be so registered.
B. No person
shall knowingly transport in any vehicle operating upon a public highway,
street or alley in the City 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 cap or cork
shall not have been removed, unless the opened container be in the
rear trunk or rear compartment, which shall include the spare time
compartment or any outside compartment which is not accessible to
the driver or any other person in such vehicle while it is in motion.
In the case of a pickup truck, station wagon, hatchback, or other
similar vehicle, such open containers as described above shall be
prohibited in the passenger compartment of such vehicles.
C. No driver
of a motor vehicle in the City shall allow any alcoholic beverage
to be consumed while in a moving motor vehicle, as defined in this
Section, nor shall any person consume any alcoholic beverage while
in a moving motor vehicle in the City.
D. 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
being 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.
E. This Section shall not apply to the living quarters of a recreational motor vehicle as defined in Subsection
(A) of this Section.
F. It shall
be unlawful for any person to be in possession of an alcoholic beverage
in an open container when upon or in a public highway, street, alley,
public park, or other publicly-owned property in the City.