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HomeMy WebLinkAbout1993-OR-61ORDINANCE NO. 93-OR-_~_ AN ORDINANCE PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES WITHIN THE CITY OF JEFFERSONVILLE, INDIANA WHEREAS, in the absence of a state law governing open alcoholic beverage containers in motor vehicles, the Common Council for the City of Jeffersonville, Indiana, believes that a local ordinance prohibiting open alcoholic beverage containers in motor vehicles within the City of Jeffersonville, Indiana, is necessary to protect the best interests of the citizens of the City of Jeffersonville, Indiana; NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of Jeffersonville, Indiana, as follows: SECTION 1. DEFINITIONS: "Alcoholic beverage" shall have the meaning set forth in I.C. 7.1-1-3-5. "Container" shall have the meaning set forth in I.C. 7.1-1-3-13. "Motor vehicle" shall have the meaning set forth in I.C. 9-1-1-2, except that "Motor vehicle", as used in this ordinance shall not include recreational vehicle, as defined in I.C. 9-1-1-1 (t), and which is designed to transport more than ten (10) passengers, including the operator, or any chartered passenger vehicle licensed to operate within the State of Indiana. SECTION 2. POSSESSION OR CONSUMPTION PROHIBITED: A person who knowingly consumes an alcohol beverage or possesses a container that: has been opened; has a broken seal; or from which some of the contents have been removed; while in a motor vehicle that is being operated upon a public street or highway within the City of Jeffersonville, Indiana, commits a violation of this ordinance. SECTION 3. OPERATOR OR OWNER OF MOTOR VEHICLE IN VIOLATION. a. The operator or owner of a motor vehicle who, while the motor vehicle is in operation within the City of Jeffersonville, knowingly keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator and/or a passenger a container that: has been opened; has a broken seal; or from which some of the contents have been removed; commits a violation of this ordinance. b. Notwithstanding Section l(c), the operator of a recreational vehicle or chartered passenger licensed to operate within the State of Indiana, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator a container: has been opened; has a broken seal; or from which some of the contents have been removed; c6mmits a violation of this ordinance. SECTION 4. CITATIONS. An officer of the Jeffersonville Police Department may issue a City of Jeffersonville Ordinance Violation Citation to a person, firm or corporation for violation of this Ordinance. SECTION 5. SIGNS. Signs giving notice of this prohibition of open alcoholic beverage containers may be posted throughout the City, giving notice of this regulation, at all locations deemed appropriate by the City Engineer or his designee. SECTION 6. PENALTIES Whoever violates this ordinance, or any provision of this ordinance, shall be fined a maximum of Twenty-five Hundred Dollaxs ($2,500.00) for each violation. A separate violation shall be deemed committed each instance the provisions of the ordinance are violated. SECTION 7. EFFECTIVE DATE This ordinance shall become effective fourteen (14) days after its passage, approval and publication. Each section of this ordinance is adopted separately. In the event that any part or section of this ordinance is deemed to be illegal or invalid only that part or section shall be repealed. The remaining parts or sections of the ordinance shall remain in effect. Passed and adopted by the C~mmon Coun~ci~ of City of Jeffersonville, Clark County, State of Indiana, on the _~ day of ,£¥~ _~, ,1993. RQ~ERT POTTE~' PRESIDENT, COMMON COUNCIL ATTEST: This Ordinance approved and signed by me this [or.- day of '~,~,~. ,1993. ~'~4~I'614D J. PARKER, 'Jl~.., MAYOR NOTICE TO ALL PERSONS CONCERNED The Common passed Ordinance Containers Of Alcohclic Jeffer~onville~ Indiana, Council of the City No. 93-0R-61 , An Beverages In Motor of Jeffersonville, Indiana Ordinance Prohibiting Open Vehicles Within The City Of This Ordinance is available for public review in the Office of the Clerk and Treasurer~ City-County Building~ Room Z~l~ Monday through Friday from 8:30 A.M. to 1~:00 Noon, and from 1:00 P.M. to z~;O0 P.M., ~lnd ~ill be in full force and effect upon its timely promulgation.