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. 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.
[CC 1976 §18-62; Ord. No. 2445 §§1 — 7, 10-10-1988; Ord. No. 2004-55 §1, 9-14-2004]
A. Transporting Open Container In Vehicle. 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, 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. Consumption Of Alcoholic Beverage In Vehicle. No driver
of a motor vehicle shall allow any alcoholic beverage to be consumed
while in a moving motor vehicle, nor shall any person consume any
alcoholic beverage while in a moving motor vehicle.
C. Chartered Vehicles. 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. Recreational Vehicles. This Section shall not apply to the
living quarters of a recreational motor vehicle as defined in this
Section.
E. Possession Of Open Container In Public Streets, Etc. 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 place or public square.
F. Penalty. Any person found guilty of violating the provisions
of this Section shall be guilty of a misdemeanor and shall be fined
in accordance with City ordinances and State Statutes.
G. Definitions. As used in this Section, the following definitions
shall apply:
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 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 substances, preservatives
and adulterates, 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 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 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.