HomeMy WebLinkAboutD-810 Open Alcohol /Motor VehAN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF C/RMEL, INDIANA, AMENDING CHAPTER 8,
CARMEL CITY CODE BY THE INCLUSION
A NEW ARTICLE 9 ENTITLED
'OPEN ALCOHOLIC BEVERAGES IN MOTOR VEHICLES'
WHEREAS, the Common Council of the City of Carmel, Indiana deems
it in the best interest of public health, safety and welfare to
prohibit open alcoholic beverage containers in motor vehicles within
the City of Carmel.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF THE
CITY OF CARMEL, INDIANA, AS FOLLOWS:
Section I. Chapter 8, of the Carmel City Code is hereby amended
by the addition of a new Article 9 as follows:
ARTICLE 9
OPEN ALCOHOLIC BEVERAGES IN MOTOR VEHICLES
Sec. 8-136. Purpose.
The purpose of this ordinance is to promote the health, safety,
and general welfare of the community by prohibiting open alcoholic
beverage containers in motor vehicles being operated on public
highways and streets within the corporate limits of the City of
Carmel.
Sec. 8-137. Definitions.
For the purpose of this Article, the following definitions shall
apply:
(1) "alcoholic beverage" means alcoholic beverage as defined in
IC 7.1-1-3-5.
(2) "container" means an alcoholic beverage container as
defined in IC 7.1-1-3-13 and includes such containers from
which the contents have been removed.
(3)"motor vehicle" means a motor vehicle as defined in
IC 9-13-2-105(a).
(4) "recreational vehicle" means a recreational vehicle as
defined in IC 9-13-2-150 that is registered and licensed as
a recreational vehicle.
(5) "interior of the vehicle" means the driver and passenger
seating area, glove box, console, floor and non-trunk
storage space.
Sec. 8-138. Consumption by operator prohibited.
It is unlawful for the operator of a motor vehicle to consume an
alcoholic beverage or have within the interior of the vehicle a
container that has been opened, that has a broken seal, or from
which some of the contents have been removed, at any time that the
motor vehicle is being operated upon a public highway, street or
alley within the City of Carmel.
Sec. 8-139. Operation prohibited.
It is unlawful for any person operating a motor vehicle upon a
public highway, street or alley in the City of Carmel to knowingly
keep or allow to be kept in the interior of the vehicle a container
that has been opened, that has a broken seal, or from which some of
the contents have been removed, except:
(1) Open alcoholic containers that are left over from any
type of outing may be placed in the motor vehicle
trunk, or if there is no trunk, the container must be
placed farthest to the back of the motor vehicle and
put into a closed box, bag or container, out of the
reach of the driver or passengers, so that they are
not able to consume the alcoholic beverage,
(2) Licensed caterers may transport open containers as
long as no human consumption occurs during
transporting to and from the destination, and
(3) Recreational vehicles and commercial vehicles such as
limousines, charter buses and chartered passenger
vehicles licensed to operate within the State of
Indiana which are designed to transport more than ten
(10) passengers are exempt from this section.
Sec. 8-140. Container Recycling Defense.
It is a defense to any violation of this Article that the
container is in the motor vehicle for the purpose of recycling and
not for consumption while in the vehicle. The person charged with
violating this Article shall bear the burden of establishing the
fact that the open container was in the vehicle for the purpose of
recycling.
Sec. 8-141. Penalty.
The first judgment of violation of the provisions of this
Article entered against a person within a calendar year shall
subject the person to a Fifty Dollar ($50.00) fine. Each subsequent
judgment of violation of the provisions of this Article within a
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calendar year against the same person shall subject the person to a
penalty of not less than One Hundred Dollars ($100.00) and not more
than Two Thousand Five Hundred Dollars ($2,500.00).
Sec. 8-142. Signs.
Signs giving notice of this prohibition of open alcoholic
beverage containers shall be posted giving notice of such regulation
at all locations deemed appropriate by the Chief of Police and the
City Engineer or their designees. Said signs shall be in the form
required by the Uniform Manual On Traffic Control Devices, as
amended and supplemented.
Section II. All prior ordinances, resolutions or parts thereof
inconsistent with any provision of this Ordinance are hereby
repealed.
Section III. This Ordinance shall be in full force and effect
from and after its passage and signing by the Mayor.
PASSED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
THIS ~o DAY OF J~ 1992.
ATTE T: ~s i~jng Officer
W. Jones, urer
, 1992
PRESENTED by me to the Mayor of the City of Carmel, Indiana, on
the 2~ day of
1992 .
By:
sanW. Jones
Ted Johnson, ayor
nd
, iana
1627M
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