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.
[R.O. 2012 §340.350; CC 1979 §3-50; Ord. No. A-5035 §1-3, 9-13-1988; Ord. No. A-6960, 6-30-2000; Ord. No. 7324 §§1 —
2, 6-26-2003]
A. It shall
be unlawful for any person to have any open container containing alcoholic
beverage in or upon City property or in or on public streets, sidewalks,
driveways, parking lots or thoroughfares within the City.
B. "Open container" shall mean any container containing an
alcoholic beverage, which container is not completely sealed by the
original seal of a licensed manufacturer of the beverage.
C. The term "have any open container" includes having such container
on or about one's person or within a vehicle, other than within the
closed trunk of such vehicle, which that person has under his/her
control.
D. The term "alcoholic", as used in this Section, shall mean and include
any beverage containing ethyl alcohol. The term "beverage" shall mean and include all fluids of a type primarily designed and
manufactured for ingestion in liquid form. The term "alcoholic
beverage" shall not include unadulterated non-prescription
medicinal preparations prepared by a licensed manufacturer of medicinal
preparations or prescription medications prepared by a licensed pharmacist.
E. 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 having ready access
to such alcoholic beverage.
F. Nothing in this Section shall be construed as to prohibit the otherwise legal possession of open containers of alcoholic beverages where consumption thereof is permitted by Section
215.2300 of this Code.