§ 3-31. Alcoholic beverages in motor vehicles: consumption; possession of open containers.

(a)

Consumption. It shall be unlawful for any person to drink or consume alcoholic beverages or liquor as defined in section 3-29(a) herein, in any motor vehicle, when such vehicle is upon a public street within the city limits of the town.

(b)

Possession by driver. It shall be unlawful for a person to have in his possession, while in a motor vehicle upon a public street within the city limits of the town, any bottle, container or receptacle containing alcoholic beverages or liquor, which has been opened, or the seal broken, or the contents of which have been partially removed.

(c)

Presence within occupied portion of vehicle. It shall be unlawful for the owner of any motor vehicle, or the driver thereof, if the owner be not then present in the motor vehicle, to keep or allow to be kept in the motor vehicle, when such vehicle is upon a public street within the city limits of the town, any bottle, container or receptacle containing alcoholic beverages or liquor, which has been opened, or the seal broken, or the contents of which have been partially removed, except when such bottle, container or receptacle shall be kept in the truck of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the motor vehicle not normally occupied by the driver or passengers, in the event that the motor 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 or passengers.

(d)

Penalty. Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00) and/or a maximum sentence of thirty (30) days in jail. Subsequent violations shall be punishable by a maximum fine of five hundred dollars ($500.00) and/or a maximum sentence of ninety (90) days in jail.

(Ord. No. 406, 10-11-94)