[CC 1977 §4-56; Ord. No. 1765 §6, 5-14-1990; Ord. No. 3142 §1, 8-16-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
ALCOHOLIC BEVERAGE
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquors or combination of liquor.
Liquors, a part of which is spirituous, vinous or fermented, and to
also include any beer manufactured from pure hops or pure extract
of hops and pure barley malt or other wholesome grains or cereals
and wholesome yeast and pure water and free from all harmful substances,
preservatives and adulterants and having any alcoholic content by
weight or volume.
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.
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 either 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.
VEHICLE
Any mechanical device on wheels designed primarily for use
on highways, except motorized bicycles and vehicles propelled or drawn
by human power or vehicles used exclusively on fixed rails or tracks
used to transport persons or property or pull machinery and shall
include, without limitation, automobile, truck, trailer, motorcycle,
tractor or wagon or any part or portion thereof.
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.
[CC 1977 §4-57; Ord. No. 1765 §1, 5-14-1990]
No person shall knowingly transport in any vehicle operating
upon a public highway, street or alley 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
tire 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, the area behind the last upright seat shall not be considered
accessible to the driver or any other person.
[CC 1977 §4-58; Ord. No. 1765 §2, 5-14-1990]
No driver of a motor vehicle shall allow any alcoholic beverage
to be consumed while in a moving motor vehicle as defined in this
Article, nor shall any person consume any alcoholic beverage while
in a moving motor vehicle.
[CC 1977 §4-59; Ord. No. 1765 §3, 5-14-1990]
Nothing in this Article 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.
[CC 1977 §4-60; Ord. No. 1765 §4, 5-14-1990]
This Section shall not apply to the living quarters of a recreational
motor vehicle as defined in this Article.