(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Set forth in IC 7.1-1-3-5.
CONTAINER. Set forth in IC 7.1-1-3-13.
MOTOR VEHICLE. Set forth in IC 9-13-2-105, except that MOTOR VEHICLE as used in this section shall not include recreational vehicle, as defined in IC 9-13-2-150 and which is designed to transport more than ten passengers including the operator or any chartered passenger vehicle licensed to operate within the state.
(B) Possession or consumption prohibited. A person who knowingly consumes an alcoholic beverage or possesses a container that has been opened, has a broken seal, or from which some of the contents have been removed, while in a motor vehicle which is being operated upon a public street or highway within the town, commits a violation of this section.
(C) Operator or owner of motor vehicle in violation.
(1) The operator or owner of a motor vehicle, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator and/or a passenger, a container that has been opened, has a broken seal, or from which some of the contents have been removed, commits a violation of this section.
(2) Notwithstanding division (A), the operator of a recreational vehicle or chartered passenger vehicle licensed to operate within the state, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator, a container that has been opened, has a broken seal, or from which some of the contents have been removed, commits a violation of this section.
(D) Citations. An officer of the Police Department may issue a citation to a person, firm, or corporation for violation of this section. Each violation issued to an individual, firm, or corporation shall impose a penalty as set forth in § 70.99.
(E) Signs. Signs giving notice of this prohibition of open alcoholic beverage containers shall be posted, giving notice of the regulation at all locations deemed appropriate by the Town Engineer or a designee.
(Ord. 92-G-05, passed 4-27-92)