§ 50-152. Open container law.

(a)

Title. This section shall be known as the open container law and shall be in addition to all other laws now in effect in the city, the city council taking cognizance of the fact that this section is deemed to be regulatory in nature, and is passed to meet a public need and emergency affecting life, health, property and public safety.

(b)

Definitions. For the purpose of this section, the following terms shall have the respective meanings ascribed to them in this section, unless a different meaning clearly appears from the context:

Alcoholic beverages means and includes all beverages of high and low alcoholic content as defined in this Code.

Motor vehicles means any motorized vehicle including automobiles, trucks, vans, campers, motorcycles or recreational vehicles.

Open container means any of the following:

(1)

Any container or receptacle wherein the seal or stamp has been broken; or

(2)

Any container, bottle or can that has been opened subsequent to the filling of such container by the manufacturer, brewery, or distillery of such alcoholic beverages; or

(3)

Alcoholic beverages contained in drinking glasses, cups, including plastic glasses and styrofoam cups, without lids or seals, or with lids or seals, but with straws protruding therefrom, or with only partial lids or seals; or

(4)

Alcoholic beverages contained in other containers regardless of whether such container has a top affixed thereto.

Public street means any public streets, public highways, alley, sidewalk, or public parking lots.

(c)

It shall be unlawful for any person to drink, consume or possess alcoholic beverages in an open container in any motor vehicle when such vehicle is upon the public streets, as defined above, within the city limits of the city.

(d)

It shall be unlawful for the operator of any motor vehicle to keep or allow to be kept in a private motor vehicle, when such is upon the public streets in the city as defined above, any alcoholic beverages in an open container. This provision shall not apply to alcoholic beverages possessed in the trunk of a motor vehicle when such vehicle is equipped with a trunk, and shall not apply to alcoholic beverages possessed in vehicles that are not equipped with a trunk such as station wagons, campers, recreational vehicles and blazers provided that the alcoholic beverages are kept in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment shall not be deemed to be within the area occupied by the driver of passengers, if locked.

(e)

The provisions of subsections (c) and (d) shall not apply to the following:

(1)

Paid fare passengers on a common or contract carrier vehicle, as defined in R.S. 45:162.

(2)

Paid fare passengers on a public carrier vehicle, as defined in R.S. 45:200.2.

(3)

Persons operating or occupying a motor vehicle who, as a condition of their employment and while acting in the course and scope of such employment, are required to carry open alcoholic beverage containers, provided that said operator or passengers do not consume said alcoholic beverages.

(4)

A designated driver being defined as an appropriately licensed driver under the laws of the state or any other state who has a blood alcohol content of less than 0.05g percent during the time that he is performing as a designated driver.

(f)

Any person convicted of violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction for, shall be fined not less than $100.00 nor more than $300.00, or imprisoned for not more than six months, or both, at the discretion of the court.

(Ord. No. 23/95, 7-24-95)