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. 2013 §342.060; CC 1991 §240.150]
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 contained 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 this Section,
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 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.
D. This Section shall not apply to the living quarters of a recreational motor vehicle as defined in Subsection
(G).
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,
alley, public park, public place or public square.
F. This
City shall initiate and develop a program of public information to
provide an understanding of, and to insure compliance with, the provisions
of this Section.
G. Definitions
used in this Section are as follows:
ALCOHOLIC BEVERAGE
Includes alcohol for beverage purpose, alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of 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 substance, preservatives
and adulterants, and having any alcoholic content by weight or volume.
MOTOR 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
or cotton trailers.
RECREATIONAL MOTOR VEHICLES
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.
[Ord. No. 144-13 §1, 10-8-2013]
A. It
is unlawful for any person, unless expressly exempted by the terms
of another Section of the Code of Ordinances, City of Tarkio, Missouri
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 he/she operates with such a device.
1. It is not a defense to any charge under this Section that the vehicle
is rented, leased or lent by anyone.
2. Missouri Department of Revenue records containing any entry requiring
the use of the device, as provided by Sections 577.600 through 577.614,
RSMo., shall be presumptive evidence of the requirement to have an
ignition interlock device.
B. It
is unlawful for any person to request or solicit another 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 pursuant to this Section.
C. 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 vehicle to a person whose driving privilege
is restricted under Section 577.600, RSMo.
D. It
is unlawful for any person to tamper with, or circumvent the operation
of an ignition interlock device.
E. Any
person who violates any provision of this Section is guilty of an
ordinance violation.