The operation of a motor vehicle or a horse- drawn vehicle within which is located an open container, bottle or can the contents of which contains alcohol or any other intoxicating beverage, malt drink, liquor or beverage having as a base or part of its content any substance with an alcohol content susceptible to being absorbed into the blood stream of an individual and resulting in an individual drinking said beverage to become intoxicated, as such is defined under the laws of the state, shall be unlawful.
(2014 Code, § D4.3) Penalty, see § 130.99