A. Definitions:
ALCOHOLIC BEVERAGE: Beer, wine, spirits and alcohol, and every liquid containing one-half of one percent (0.5%) or more of alcohol by volume which is used for beverage purposes.
HIGHWAY: The entire width between the boundary lines of every way dedicated to a public authority when any part of the way is open to the use of the public for purposes of vehicular traffic, whether or not the public authority is maintaining the way.
B. Prohibitions:
1. It is unlawful for a person to have in his or her possession, or on his or her person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
2. It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the motor vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic beverage which has been partially removed, unless the container is kept in the truck of the vehicle or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.
C. Exceptions: Subsection B of this section does not apply to a motor vehicle operated by a common carrier, taxicab, limousine, bus or other motor vehicle used to carry passengers for furtherance of commercial enterprise, or the living quarters of a motorhome, housecar or camper. (Ord. 58, 8-14-1990)