(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. This term shall have the meaning set forth in I.C. 7.1-1-3-5.
CONTAINER. This term shall have the meaning set forth in I.C. 7.1-1-3-13.
MOTOR VEHICLE. This term shall have 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 vehicles 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, that has a broken seal or from which some of the contents have been removed while in a motor vehicle that is upon a public highway within the city limits commits a violation of this section.
(C) Operator of motor vehicle in violation.
(1) The operator or owner of a motor vehicle who is upon a public highway and who knowingly keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator or a passenger a container that has been opened, that has a broken seal or from which some of the contents have been removed commits a violation of this section.
(2) Notwithstanding division (A)(3) of this section, the operator of a recreational vehicle or chartered passenger vehicle who, while the motor vehicle is upon a public highway, knowingly keeps or allows to be kept in an area of a recreational vehicle or chartered passenger vehicle that is accessible to the operator a container that has been opened, that has a broken seal or from which some of the contents have been removed commits a violation of this section.
(D) Violations issuances. Any officer of the city’s Police Department may issue a city ordinance violation citation to a person who violates this section.
(E) Fine. Any violation of this section shall be punished by a fine not to exceed $2,500.
(Prior Code § 110.03) (Ord. 7541, passed 11-9-1992)