[R.O. 2012 §342.010]
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.
[R.O. 2012 §342.020]
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.
[R.O. 2012 §342.060; CC 2007 §342.040; Ord. No. 4152 §§1 — 2, 4, 12-9-1991]
A. No
person shall operate a commercial motor vehicle while having an alcohol
concentration in his/her blood, breath, urine or saliva of four-hundredths
of one percent (.04%) or more as prescribed by the Secretary or such
other alcohol concentration as may be later determined by the Secretary
by regulation.
B. No
person shall drive a commercial motor vehicle while under the influence
of any substance so classified under Section 102(6) of the Controlled
Substances Act (21 USC 802(6)), including any substance listed in
Schedules I through V of 21 CFR Part 1308, as they may be revised
from time to time.
C. As
used in this Section, the term "commercial motor vehicle" shall mean any motor vehicle designed or used to transport passengers
or property if:
1. The vehicle has a gross combination weight rating of twenty-six thousand
one (26,001) or more pounds inclusive of a towed unit which has a
gross vehicle weight rating of ten thousand one (10,001) or more pounds;
or
2. The vehicle has a gross vehicle weight rating of twenty-six thousand
one (26,001) or more pounds; or
3. The vehicle is designed to transport more than fifteen (15) passengers,
including the driver; or
4. The vehicle is transporting hazardous materials as defined in Section
302.700, RSMo.
D. Said conduct is punishable under Section
100.220 of this Code.
[R.O. 2012 §342.070; CC 2007 §342.050]
A. Ordinance Violations.
1. It shall be unlawful for any person to drink or to have any open
container or any open original package containing alcoholic beverage
in or upon any public streets, alleys, parks or public thoroughfares
of the City or in or upon or within any motor vehicle in or upon any
public streets, alleys, parks or public thoroughfares of the City
or in any public conveyance or in any public building, school or church.
2. A person commits the offense of transporting an open alcoholic beverage
container if a container of alcoholic beverage or any original package
containing alcoholic beverages is found to be open within a vehicle
which that person has under his/her control.
3. No person shall transport in any vehicle operating upon a public
highway, street or alley any alcoholic beverages 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.
4. No driver of a motor vehicle shall allow any alcoholic beverage to
be consumed while in a moving vehicle as defined in this Section or
shall any person consume any alcoholic beverages while in a moving
vehicle.
B. 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 or
with ready access to such alcoholic beverage.
C. This Section does not apply to living quarters of a recreational motor vehicle as defined in Subsection
(D) hereof.
D. The
following words, when used in this Section, shall be defined as follows:
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 also include
any beer having any alcoholic content by weight.
MOTOR VEHICLE
Any mechanical device on wheels designed primarily for use
on highways, except motorized bicycles and vehicles propelled or driven
by human power or vehicle used exclusively on fixed rails or tracks.
RECREATIONAL MOTOR VEHICLE
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 or attached
to a unit which is securely attached to a motor vehicle. Nothing herein
shall prevent any motor vehicle from being registered as a commercial
motor vehicle if the motor vehicle could otherwise be so registered.