Sec. 3-13. Open containers prohibited.

 

(a)  It shall be unlawful for any person to transport any alcoholic liquor in an opened container in a motor vehicle upon any street, highway, alley, road, municipal parking area, public parking area,  or upon property owned by any governmental subdivision, unless the package or container is locked in the rear trunk or rear compartment of the vehicle. An opened container shall include any package or container where the original seal of the package or container has been broken.

 

(b)  It shall be unlawful for any person to possess any alcoholic liquor in an opened container upon any street, highway, alley, road, municipal parking area, public parking area, or upon property owned by any governmental subdivision. An opened container shall include any package or container where the original seal of the package or container has been broken.

 

(c)   This section shall not be applicable to the following:

 

(1)    On the grounds of the Elkhorn Lodge located within the boundaries of Ta-Ha-Zouka Park; or

 

(2)    Where open alcoholic containers have been authorized by the governing body having jurisdiction over the affected property; or

 

(3)    Persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service.  Such passengers may possess open alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this state if the (a) driver of the limousine or bus is prohibited from consuming alcoholic liquor and (b) alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area.

 

Source: Ord. No. 4127, 1, 10-2-95; Ord. No. 5310, 2, 8-18-14