(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Shall have the meaning set forth in I.C. 7.1-1-3-5.
CONTAINER. Shall have the meaning set forth in I.C. 7.1-1-3-13.
IMMEDIATE AREA. The entire passenger compartment of a motor vehicle, with the exception that:
(a) For station wagons, vehicles with a rear hatch opening, and vans, it is the entire passenger compartment except the area behind the area farthest to the back of the vehicle where a seat can be affixed, regardless if such seat is, in fact, affixed; and
(b) For recreational vehicles, it is only the area between the vehicle sides adjacent to the driver and the front passenger seats, the glove compartment, dashboard, interior windshield area, and any cavities in the driver and front passenger seating area.
MOTOR VEHICLE. Shall have the meaning set forth in I.C. 9-13-2-105.
RECREATIONAL VEHICLE. Shall have the meaning set forth in I.C. 9-13-2-150, but shall include only motor vehicles.
(B) Exemptions. The following individuals shall be exempt from this section:
(1) A passenger of a chartered vehicle (including buses, taxicabs, limousines, and the like) in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid chauffeur’s license;
(2) A passenger in a recreational vehicle, except a passenger located in the immediate area; and/or
(3) Licensed caterers transporting open containers of alcohol so long as no human consumption occurs during transporting to and from the destination.
(C) Certain consumption prohibited. Any person commits a violation of this section who knowingly consumes an alcoholic beverage or possesses a container that has been opened, that has a broken seal, or from which some of the contents have been removed, while in a motor vehicle that is being operated on a road or right-of-way within the incorporated area of the town, with the exception that a person may possess a container that has been opened, that has a broken seal, or from which some of the contents have been removed, if such container is possessed solely for the purpose of transporting the same or storage, contents are not consumed in the motor vehicle, it is not present in the immediate area, and is otherwise allowed to be possessed under state law.
(D) Certain operation prohibited. The operator or owner of a motor vehicle commits a violation of this section who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in the immediate area of the motor vehicle a container that has been opened, that has a broken seal, or from which some of the contents have been removed.
(E) Signs to be posted. Signs giving notice of this prohibition of open alcoholic beverage containers shall be posted giving notice of such regulation at all such locations deemed appropriated by the Town Police Department.
(Ord. 1993-312, passed 1-4-1994) Penalty, see § 70.99