(A) The purpose of this section is to promote the health, safety and general welfare of the community by prohibiting open alcoholic beverage containers in motor vehicles being operated on public streets and highways within the corporate limits of the town.
(B) For the purpose of this section, 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 exclude recreational vehicles, commercially chartered passenger limousine and any chartered passenger vehicle licensed to operate within the state which is designed to transport more than ten passengers including the operator.
(C) A person who knowingly performs any of the following acts, while in a motor vehicle, as defined herein, that is being operated upon a public street or highway within the town corporate 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.
(D) The operator or owner of a motor vehicle, as defined herein, who, while the motor vehicle is in operation upon a public street or highway, knowingly keeps or allows to be kept in the area of the motor vehicle that is accessible to the operator or a passenger, a container as follows commits a violation of this section:
(1) That has been opened;
(2) That has a broken seal; or
(3) From which some of the contents have been removed.
(Ord. 6-1992, passed 6-1-92) Penalty, see § 130.99