[CC 1975 §75.620; Ord. No. 90-14 §75.620, 5-15-1990; Ord. No. 01-39 §1, 10-2-2001; Ord. No. 08-48 §1, 12-16-2008]
No person shall operate a motor vehicle in the City while in
an intoxicated condition as defined by the Statutes of the State.
Any person who violates the provisions of this Section shall be deemed
guilty of a misdemeanor.
[Ord. No. 08-48 §2, 12-16-2008]
No person shall operate a motor vehicle in the City while under
the influence of a controlled substance, drug or any combination thereof
as defined by the Statutes of the State. Any person who violates the
provisions of this Section shall be deemed guilty of a misdemeanor.
[Ord. No. 01-39 §2, 10-2-2001]
A. A person
commits the offense of driving with excessive blood alcohol content
if such person operates a motor vehicle while in this City with eight-hundredths
of one percent (.08%) or more by weight of alcohol in such person's
blood.
B. As
used in this Section, percent by weight of alcohol in the blood shall
be based upon grams of alcohol per one hundred (100) milliliters of
blood and may be shown by chemical analysis of the person's blood,
breath, saliva or urine.
C. For
purposes of determining the alcoholic content of a person's blood
under this Section, the provisions of Section 577.010 et seq., RSMo.,
2000, as amended, shall govern the conduct of the test given, the
effect of the results thereof, the procedures upon refusal to submit
to the test, or any other issue arising thereunder or hereunder and
compliance therewith shall be deemed to be compliance herewith.
D. For
purpose of this Section, the definitions contained in the Criminal
Code, Section 566.010 et seq., RSMo., 2000, as amended, shall govern
and apply.
E. Violation
of this Section shall be punished by a fine not exceeding five hundred
dollars ($500.00) in amount or imprisonment not exceeding three (3)
months in duration, or by both such fine and imprisonment.
[CC 1975 Ch. 76 §7; Ord. No. 714 §7, 12-19-1984]
A. No person charged with driving while intoxicated (Section
342.010 above) or driving with excessive blood alcohol content (Section
342.020 above) shall have his/her case heard in Municipal Court except in accordance with the following procedure:
1. The defendant must either be represented by an attorney, or must
voluntarily waive his/her right to such representation by execution
of a written waiver. If the defendant chooses to do neither (or if
because he/she is an indigent is unable to employ an attorney), the
prosecution of the case shall be suspended and the case referred to
the State Prosecuting Official. Only if the State Prosecuting Official
declines to proceed with a State criminal prosecution shall the municipal
prosecution be resumed.
2. Neither the Municipal Judge nor any other Municipal Official shall
have the power to revoke any operator's or chauffeur's license.
[Ord. No. 91-4 §§1 —
7, 1-8-1991]
A. No
person shall knowingly transport in any vehicle operating upon a public
highway, street, or alley any alcoholic beverage except that it be:
1. In the original container with the original seal intact and the container
shall not have been opened; or
2. The opened container be in the closed rear trunk or compartment of
the vehicle and not accessible to the driver or any passenger while
the vehicle 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 passenger
unless the driver or passenger has an open container at the time of
the traffic stop.
B. No
driver of a motor vehicle shall allow any alcoholic beverage to be
consumed in a moving motor vehicle which he/she is driving 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 of a privately or
publicly owned transit authority that has been chartered and is not
being utilized for the 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 said alcoholic beverages.
D. This
Section shall not apply to the living quarters of a recreational vehicle,
as defined by this Section.
E. It
shall be unlawful for any person to be in possession of an alcoholic
beverage in an open container when upon or in any public highway,
street, alley, public place, public park, or public square.
F. Definitions. As used in this Section the following terms
shall have these prescribed meanings:
ALCOHOLIC BEVERAGE
Any alcohol used for beverage purposes, whether by itself
or in combination with other alcoholic beverages or non-alcoholic
beverages.
MOTOR VEHICLE
Any mechanical device on wheels, designed primarily for use
on streets and highways, except motorized bicycles and vehicles propelled
or drawn by human power, or vehicles used exclusively on fixed rails
or tracks.
RECREATIONAL 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 quarters which are
permanently attached to the vehicle.