(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. A liquid or solid that is 0.5% or more alcohol by volume, is fit for human consumption, and is reasonably likely or intended to be used as a beverage.
CONTAINER. A receptacle in which an alcoholic beverage is immediately contained and with which the alcoholic beverage contained in it is in immediate contact.
MOTOR VEHICLE. A vehicle that is self-propelled but shall not include a chartered passenger vehicle licensed to operate within the State of Indiana or a recreational vehicle designed to transport more than ten passengers.
(Prior Code, § 77.01)
(B) Possession or consumption prohibited. A person who knowingly does the following while in a motor vehicle that is being operated upon a public highway within the city limits commits a violation of this section:
(1) Consumes an alcoholic beverage; or
(2) Possesses a container:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(Prior Code, § 77.02)
(C) Operator of a motor vehicle in violation.
(1) The operator of a motor vehicle who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in the motor vehicle in a place that is accessible to the operator or a passenger a container that is the following commits a violation of this chapter:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(2) Notwithstanding division (B) above, the operator of a recreational vehicle designed to transport more than ten passengers or chartered passenger vehicle licensed to operate within the state, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator a container that is the following commits a violation of this chapter:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(Prior Code, § 77.03)
(D) Signage. Signs giving notice of the prohibitions set forth in this chapter shall be posted at all locations deemed appropriate by the City Engineer.
(Prior Code, § 77.05) (Ord. 27-1992, passed - -)