(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. The meaning set forth in I.C. 7.1-1-3-5.
CONTAINER. The meaning set forth in I.C. 7.1.-1-3-13.
MOTOR VEHICLE. The meaning set forth in I.C. 9-13-2-105, except that motor vehicle as used in this section shall not include recreational vehicles, as defined in I.C. 9-13-2-150 and which is designed to transport more than 10 passengers including the operator, or any chartered passenger vehicle licensed to operate within the State of Indiana.
(B) Possession or consumption prohibited. A person who knowingly does the following while in a motor vehicle that is being operated upon a public way, public road, public highway or any other public highway or any other public location with the town limits commits a violation of this section:
(1) Consumes an alcoholic beverage; or
(2) Possesses a container:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(C) Violation by operator or owner of motor vehicle.
(1) A violation of this section occurs if the operator or owner of a motor vehicle who is present, while the motor vehicle is in operation and keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator or a passenger a container:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(2) A violation of this section occurs when the operator of a recreational vehicle or chartered passenger vehicle licensed to operate within the State of Indiana, while the motor vehicle is in operation, knowingly keeps or allows to be kept in any area of the motor vehicle that is within the reach of the seated operator, a container:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(D) Signs. Signs giving notice of this prohibition of open alcoholic beverage containers shall be posted at all locations deemed appropriate by the Town Marshal.
(Ord. 93-01, passed 2-8-1993) Penalty, see § 70.99