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.
[CC 2001 §342.060; Ord. No. 914 §§1 — 6, 4-17-1990]
A. 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.
B. No driver
of a motor vehicle shall allow any alcoholic beverage to be consumed
while in a moving motor vehicle, as defined in the City ordinance,
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 upon 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.
D. This
Section shall not apply to the living quarters of a recreational motor
vehicle.
E. 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 or alley.
F. Any person found guilty of violating one (1) or more of the provisions of this Section shall be found guilty of an ordinance violation and shall be fined in accordance with the general penalty provisions set out in Section
100.220.