(a) It is unlawful for any person operating a motor vehicle upon a public highway, street or alley to knowingly keep or allow to be kept in any area of the motor vehicle that is accessible to the driver or passengers a container that has been opened, that has a broken seal, or from which some of the contents have been removed.
(b) Open alcoholic containers that are left over from any type of outing must be placed in the vehicle trunk. If there is no trunk, the container must be placed farthest to the back of the vehicle and put into a closed box, bag or container, out of the reach of the driver or passengers, so that they may not be able to consume the alcoholic beverage. Licensed caterers may transport open containers of alcoholic beverages so long as no human consumption occurs during transporting to and from the destination. (Ord. No. 92-20, § 3, 7-14-92)
(c) It is a defense to this article that the container is in the motor vehicle for the purpose of recycling and not for consumption while in the vehicle. The person shall bear the burden of establishing the fact that the open container was in the vehicle for the purpose of recycling. (Ord. No. 92-20, § 6, 7-14-92; Am. Ord. No. 2000-09, 5-16-00)