(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. As defined in I.C. 7.1-1-3-5.
CONTAINER. As defined in I.C. 7.1-1-3-13.
MOTOR VEHICLE. As defined in I.C. 9-13-2-105, except that MOTOR VEHICLE, as used in this section, shall not include any chartered passenger vehicle licensed to operate within the state.
(‘89 Code, § 68.01)
(B) A person commits a violation of this section, constituting an ordinance violation, who knowingly, while in a motor vehicle that is being operated upon a public way, public road, public highway or any other public location within the city limits:
(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.
(‘89 Code, § 68.02)
(C) (1) A violation of this section occurs if the operator or owner of a motor vehicle who, while the motor vehicle is in operation, keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator or a passenger a container:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(2) A violation of this section occurs notwithstanding division (A) above, when the operator of a recreational vehicle or chartered passenger vehicle licensed to operate within the state who, while the motor vehicle is in operation, knowingly keeps or allows a chartered passenger vehicle that is accessible to the operator a container:
(a) That has been opened;
(b) That has a broken seal; or
(c) From which some of the contents have been removed.
(‘89 Code, § 68.03)
(D) An officer of the City Police Department may issue a city ordinance violation citation to a person who violates this section.
(‘89 Code, § 68.04)
(E) Signs giving notice of this prohibition of open alcoholic beverage containers shall be posted at all locations deemed appropriate by the Board of Public Works and Safety.
(‘89 Code, § 68.05) Penalty, see § 10.99