(a) It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right- of-way of a public highway in this Municipality, whether the vehicle is in motion or at rest.
(b) It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this Municipality, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.
(c) The provisions of this section are not applicable to a passenger:
(1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or
(2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper.
(WVaC 17C-5D-3)