(A) Drivers. A driver of a motor vehicle upon a public street or highway in the city shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage. PASSENGER AREA means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. A person convicted of a violation of this division (A) is guilty of a simple misdemeanor.
(B) Passengers.
(1) (a) A passenger in a motor vehicle upon a public street or highway in the city shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage.
(b) PASSENGER AREA means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment.
(c) An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle.
(d) An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.
(2) This division (B) does not apply to a passenger being transported in a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation, or a passenger being transported in the living quarters of a motor home, mobile home, travel trailer or fifth wheel travel trailer.
(3) A person convicted of a violation of this division (B) is guilty of a simple misdemeanor.
(Ord. C-364, passed 9-3-2002)