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 ordinance violation 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 ordinance violation of driving while intoxicated
shall be granted a suspended imposition of sentence for such ordinance
violation, unless such person shall be placed on probation for a minimum
of two (2) years.
[Ord. No. 6-158, 1-11-2018]
A. Definitions.
As used in this Section, the following terms shall have the meanings
ascribed to them.
INTOXICATING LIQUOR
Any alcoholic beverage containing in excess of one-half of
one percent (0.5%) alcohol by volume as defined by Section 311.020,
RSMo.
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 sleeping and eating facilities, which are permanently
attached to the motor vehicle.
B. No
person shall consume any alcoholic beverage while operating or controlling
a motor vehicle upon a public street, highway or alley or while they
are passengers in a motor vehicle upon a public street, highway or
alley unless otherwise exempted in this Section.
C. No
person shall knowingly transport 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
cork or cap shall not have been removed while operating a motor vehicle
upon any public street, highway or alley.
D. Nothing
is this Section shall be construed as to prohibit the otherwise legal
consumption of an alcoholic beverage by passengers on a privately
or publicly owned transit bus, minibus, van or similar vehicle that
has been chartered and is not being utilized for conveyance of the
general public. However, the driver of such motor vehicle may not
possess, have ready access to or consume any alcoholic beverage while
operating the motor vehicle on any public street, highway or alley.
E. Nothing
in this Section shall be construed to prohibit the otherwise legal
consumption of an alcoholic beverage by passengers riding in the living
quarters of a recreational motor vehicle. However, the driver of such
motor vehicle may not possess, have ready access to or consume any
alcoholic beverage while operating the motor vehicle on any public
street, highway or alley.
F. Any
person who shall be convicted of a violation of any provision of this
Section shall be deemed guilty of an ordinance violation and subject
to a fine not to exceed five hundred dollars ($500.00).