[R.O. 1996 § 342.010; CC 1990 § 14-86(a); Ord. No. 1175 § 1, 3-23-1998]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
DRIVE, DRIVING, OPERATES or OPERATING
Physically driving or operating a motor vehicle.
INTOXICATED CONDITION
Under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[R.O. 1996 § 342.020; CC 1990 § 14-86(b); Ord. No. 2413 § 1, 6-26-2017]
A person commits the offense of driving while intoxicated if he/she operates a motor vehicle in an intoxicated condition within the City limits.
[R.O. 1996 § 342.030; CC 1990 § 14-86(c); Ord. No. 1439, 10-8-2001; Ord. No. 2413 § 1, 6-26-2017]
A. 
A person commits the offense of driving with excessive blood alcohol content if such person operates within this City:
1. 
A vehicle while having eight one-hundredths of one percent (0.08%) or more of alcohol by weight in his or her blood; or
2. 
A commercial motor vehicle while having four one-hundredths of one percent (0.04%) or more by weight.
B. 
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams per one hundred (100) milliliters of blood or two hundred ten (210) liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva, or urine. For the purposes of determining the alcoholic content of a person's blood under this Section, the best test shall be conducted in accordance with provisions of Sections 342.040 through 342.060 of this Chapter.
[R.O. 1996 § 342.040; CC 1990 § 14-86(d); Ord. No. 2413 § 1, 6-26-2017]
A. 
Any person who operates a vehicle upon the public highways/streets of this City shall be deemed to have given consent, subject to the provisions of Sections 577.019 to 577.041, RSMo., to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:
1. 
If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was operating a vehicle or a vessel while in an intoxicated condition.
2. 
If the person is under the age of twenty-one (21), has been stopped by a Law Enforcement Officer, and the Law Enforcement Officer has reasonable grounds to believe that such person was operating a vehicle with a blood alcohol content of two one-hundredths of one percent (0.02%) or more by weight;
3. 
If the person is under the age of twenty-one (21), has been stopped by a Law Enforcement Officer, and the Law Enforcement Officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of this City, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two one-hundredths of one percent (0.02%) or greater;
4. 
If the person is under the age of twenty-one (21), has been stopped at a sobriety checkpoint or roadblock and the Law Enforcement Officer has reasonable grounds to believe that such person has a blood alcohol content of two one-hundredths of one percent (0.02%) or greater; or
5. 
If the person, while operating a vehicle, has been involved in a collision or accident which resulted in a fatality or a readily apparent serious physical injury or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any State law or municipal ordinance with the exception of equipment violations contained or similar provisions contained in State or municipal ordinances.
B. 
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been stopped, detained, or arrested for any reason.
C. 
The implied consent to submit to the chemical tests listed shall be limited to not more than two (2) such tests arising from the same stop, detention, arrest, incident or charge.
D. 
To be considered valid, chemical analysis of the person's breath, blood, saliva, or urine shall be performed, according to methods approved by the State Department of Health and Senior Services, by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose.
E. 
The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be used in the chemical test. The Department shall also establish standards to ascertain the qualifications and competence of individuals to conduct such analyses and issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services.
F. 
The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer.
G. 
Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:
1. 
The type of test administered and the procedures followed;
2. 
The time of the collection of the blood, breath, or urine sample analyzed;
3. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
4. 
The type and status of any permit which was held by the person who performed the test;
5. 
If the test was administered by means of a breath-testing instrument, the date of the most recent maintenance of such instrument.
H. 
Any person given a chemical test of the person's breath or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test or a field sobriety test shall be admissible as evidence at any trial of such person for a violation of any State law or municipal ordinance and at any license revocation or suspension proceeding.
[Ord. No. 2445, 3-11-2024]
A. 
It is unlawful for any person to operate any motor vehicle without a functioning, certified ignition interlock device when that person has been ordered by a court to equip any vehicle they operate with such a device.
B. 
It is unlawful for any person as described in Subsection (A) of this Section to knowingly fail to notify another of said ignition interlock requirements if renting, leasing, or being loaned a motor vehicle by any other person.
C. 
It is unlawful for any person to knowingly rent, lease, or lend a motor vehicle to a person known to have had their driving privilege restricted to operating vehicles equipped with an ignition interlock device, unless the vehicle being rented, leased, or loaned is equipped with a functioning, certified ignition interlock device.
D. 
It is unlawful for any person to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle if the driving privilege of the person making the request is restricted under Chapter 302, RSMo., or Chapter 577, RSMo.
E. 
It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted under Chapter 302, RSMo., or Chapter 577, RSMo.
F. 
It is unlawful for any person to tamper with or circumvent the operation of an ignition interlock device.
[R.O. 1996 § 342.050; CC 1990 § 14-86(e)]
Any person who is dead, unconscious or who is otherwise in a condition rendering him/her incapable of refusing to take a test as provided herein shall be deemed not to have withdrawn the consent provided by Section 342.040 of this Chapter and the test or tests may be administered.
[R.O. 1996 § 342.060; CC 1990 § 14-86(f); Ord. No. 1439, 10-8-2001; Ord. No. 2413 § 1, 6-26-2017]
A. 
Upon the trial of any person for any criminal offense or violations of municipal ordinances, or in any license suspension or revocation proceeding pursuant to the provisions of this Chapter, arising out of acts alleged to have been committed by any person while operating a vehicle, while in an intoxicated condition or with an excessive blood alcohol content, the amount of alcohol in the person's blood at the time of the act, as shown by any chemical analysis of the person's blood, breath, saliva, or urine, is admissible in evidence and shall not prevent the admissibility or introduction of such evidence if otherwise admissible.
B. 
If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates there was eight one-hundredths of one percent (0.08%) or more by weight of alcohol in the person's blood or percent by weight of alcohol in the blood, this shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath. The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was intoxicated. This shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
[R.O. 1996 § 342.070; CC 1990 § 14-86(g)]
An arrest without a warrant by a Law Enforcement Officer, for a violation of this Chapter is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the arresting officer; provided, however, that any such arrest without warrant must be made within one and one-half (1 1/2) hours after such claimed violation occurred.
[R.O. 1996 § 342.080]
A. 
Upon a finding of guilt for an offense of violating the provisions of Section 577.010, RSMo., or Section 577.012, RSMo., or violations of county or municipal ordinances involving alcohol- or drug-related traffic offenses, the court shall order the person to participate in and successfully complete a substance abuse traffic offender program defined in Section 302.010, RSMo.
B. 
The fees for the substance abuse traffic offender program, or a portion thereof, to be determined by the Division of Alcohol and Drug Abuse of the Department of Mental Health, shall be paid by the person enrolling in the program. Any person who is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee to be determined by the Department of Mental Health for the purposes of funding the substance abuse traffic offender program defined in Section 302.010, RSMo. The administrator of the program shall remit to the Division of Alcohol and Drug Abuse of the Department of Mental Health on or before the fifteenth day of each month the supplemental fees for all persons enrolled in the program, less two percent (2%) for administrative costs. Interest shall be charged on any unpaid balance of the supplemental fees due to the Division of Alcohol and Drug Abuse pursuant to this Section and shall accrue at a rate not to exceed the annual rates established pursuant to the provisions of Section 32.065, RSMo., plus three (3) percentage points. The supplemental fees and any interest received by the Department of Mental Health pursuant to this Section shall be deposited in the Mental Health Earnings Fund, which is created in Section 630.053, RSMo.
C. 
Any administrator who fails to remit to the Division of Alcohol and Drug Abuse of the Department of Mental Health the supplemental fees and interest for all persons enrolled in the program pursuant to this Section shall be subject to a penalty equal to the amount of interest accrued on the supplemental fees due to the Division pursuant to this Section. If the supplemental fees, interest, and penalties are not remitted to the Division of Alcohol and Drug Abuse of the Department of Mental Health within six (6) months of the due date, the Attorney General of the State of Missouri shall initiate appropriate action of the collection of said fees and accrued interest. The court shall assess attorney fees and court costs against any delinquent program.
[1]
Editor's Note: R.O. 1996 § 342.090, Reimbursement Of Costs Following Arrest, was moved to Ch. 130, Art. I, by the City during the 2022 recodification project.
[R.O. 1996 § 342.100; Ord. No. 2337 § 1, 8-25-2014]
A. 
No person shall consume any alcoholic beverage while operating a moving motor vehicle.
B. 
No driver of a motor vehicle shall allow any alcoholic beverage to be consumed while in a moving motor vehicle.
C. 
No person shall consume any alcoholic beverage while in a moving motor vehicle.
[R.O. 1996 § 342.110; Ord. No. 2337 § 1, 8-25-2014]
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, sport utility vehicle, 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.
[R.O. 1996 § 342.120; Ord. No. 2337 § 1, 8-25-2014]
Nothing in this Chapter shall be construed to prohibit the otherwise legal consumption or transportation of alcoholic beverages by passengers in motor vehicles maintained for hire by the public in the transportation of passengers for compensation, or by passengers in a privately or publicly owned motor vehicle including busses that has been chartered and is not being utilized for the conveyance of the general public, where the operation and control of such motor vehicle is by a person not in possession of or with ready access to such alcoholic beverage.
[R.O. 1996 § 342.130; Ord. No. 2337 § 1, 8-25-2014]
Nothing in this Chapter shall be construed to prohibit the otherwise legal consumption or transportation of alcoholic beverages in the living quarters of a recreational motor vehicle.
[R.O. 1996 § 342.140; Ord. No. 2337 § 1, 8-25-2014]
Any person violating the provisions of Sections 342.100 through 342.130 of this Chapter shall be punished in accordance with the provisions of Section 100.110 of this Code of Ordinances.