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. 213-91, §§1 — 7, 10-8-1991]
A. Definitions. As used in this Section, 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 liquors, a part of which is spirituous, vinous or fermented and to include beer manufactured from hops or pure extract of hops and pure barley malt or other wholesome grains and yeast and pure water and free from all harmful substances, preservatives and adulterants and having any alcohol content by volume or weight.
MOTOR VEHICLE Any motorized vehicle designed to carry passengers upon any alley, street or highway within the City limits of Strafford, Missouri.
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 therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely 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 transport in any vehicle operating upon a public highway, street or alleyway any alcoholic beverage except in the original container which shall not be 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 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.
C. No driver of a motor vehicle 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.
D. Nothing in this Section be construed as to prohibit the otherwise 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 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, public place or public square.