§ 26-3. Open alcoholic beverage containers in motor vehicles.

(a)

It shall be unlawful to drink or consume alcoholic beverages in, on, or about a privately owned vehicle whether the vehicle is operating or stationary either on a public street or on a parking lot within the town.

(b)

It shall be unlawful to have bottles, containers or receptacles containing alcoholic beverages which have been opened or the seal broken or contents partially removed.

(c)

It shall be unlawful for the owner of any private motor vehicle, or the driver thereof, if the owner is not present in the motor vehicle, to keep, or allow to be kept, on, in or about the motor vehicle, when such vehicle is moving upon a public street or parked on a parking lot within the town limits, a bottle, container or receptacle containing alcoholic beverages which has been partially removed; except when such bottle, container or receptacle containing alcoholic beverages 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 trunk or compartment or some other area of the vehicle not normally occupied by the driver or passengers in the event the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be an area occupied by the driver or passengers.

(d)

A private motor vehicle is any motor vehicle which is not operating as a licensed passenger carrier.

(e)

Whoever violates the provision of this section shall be punished by a fine not to exceed $250.00 and/or a maximum sentence of 30 days in jail. Subsequent violations shall be punished by a maximum fine of $300.00 and/or 90 days in jail.

(Ord. No. 152, § 1, 2-1-1994; Ord. of 11-3-1998)