(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. An alcoholic beverage as defined in I.C. 7.1-1-3-5.
CONTAINER. An alcoholic beverage container as defined in I.C. 7.1-1-3-13 and includes such containers from which the contents have been removed.
MOTOR VEHICLE. A motor vehicle as defined in I.C. 9-13-2-105(a).
(B) Consumption by operator or passenger prohibited. It is unlawful for the operator or passenger of a motor vehicle to consume an alcoholic beverage or have within the operator’s or passenger’s reach a container that has been opened, that has a broken seal or from which some of the contents have been removed at any time the motor vehicle is being operated upon a public highway, street or alley within the confines of the town.
(C) Operation prohibited. It is unlawful for an operator or passenger of a motor vehicle being operated upon a public highway, street or alley within the confines of the town to knowingly keep or allow to be kept in any area of the motor vehicle a container that has been opened, that has a broken seal or from which some of the contents have been removed.
(D) Exceptions. The following exceptions to this section are adopted.
(1) Open containers may be transported in a motor vehicle trunk, or if there is no trunk, in a closed box, bag or container, placed farthest to the back of the motor vehicle where the open containers are inaccessible to the operator or passengers of the motor vehicle.
(2) Licensed caterers may transport open containers in a motor vehicle as long as no human consumption occurs during transportation to and from the destination of the licensed caterer.
(3) Commercial vehicles such as limousines and charter buses that are licensed to operate as commercial vehicles under the law of the state or the United States are exempt from the provisions of this section pertaining to consumption or possession by passengers.
(E) Enforcement. Any law enforcement officer may issue an ordinance violation citation to a person who violates this section, citing that person to appear in the Town Court or any court of proper jurisdiction.
(F) Compliance. This section shall be in full force and effect upon adoption and compliance with I.C. 36-3-4-14.
(Ord. 23 1992, passed 10-20-1992) Penalty, see § 70.99