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Home My Public Portal About027-1992- ORDINANCE PROHIBITING OPEN ALCOHOLIC BEVERAGE CONTAINJRDINANCE NO. 27-1992 (2nd Reading AmCndment) A GENERAL ORDINANCE PROHIBITING OPEN ALCOHOLIC BEVERAGE CONTAINERS IN MOTOR VEHICLES WHEREAS the operation of motor vehicles by persons under the influence of alcoholic beverages has caused personal injury, loss of life and property damage, and WHEREAS the mitigation of this hazard is desirable, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Chapter 77 be added to the Richmond Code as follows. SECTION 77.01 - DEFINITION OF TERMS (A) "Alcoholic beverage" means a liquid or solid that is one-half percent or more alcohol by volume, is fit for human consumption, and is reasonably likely or intended to be used as a beverage. (B) "Container" means a receptacle in which an alcoholic beverage is immediately contained and with which the alcoholic beverage contained in it is in immediate contact. (C) "Motor vehicle" means a vehicle that is self-propelled but shall not include a chartered passenger vehicle licensed to operate within the State of Indiana or a recreational vehicle designed to transport more than ten passengers. SECTION 77.02 - POSSESSION OR CONSUMPTION PROHIBITED A person who knowingly: (A) Consumes an alcoholic beverage; or (B) Possesses a container: (1) that has been opened; (2) that has a broken seal, or (3) from which some of the contents have been removed; while a motor vehicle that is being operated upon a public highway within the City Limits of Richmond, Indiana commits a violation of this Chapter. SECTION 77.03 - OPERATOR OF A MOTOR VEHICLE IN VIOLATION (A) The operator of a motor vehicle who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in the motor vehicle in a place that is accessible to the operator or a passenger a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; commits a violation of this Chapter. Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) (B) Nothwithstanding subsection 77.01(c), the operator of a recreational vehicle designed to transport more than ten passengers or chartered passenger vehicle 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: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; commits a violation of this Chapter. ECTION 77.04 - CITATION AND PENALTY An officer of the Richmond Police Department may issue an Ordinance Violation Citation to a person who violates this Chapter. The penalty for violation of this chapter shall be a $50.00 fine. Said fine shall be payable to the City Clerk. Failure to pay said fine within 10 days shall result in the issuance of a court summons. ECTION 77.05 - SIGNAGE Signs giving notice of prohibitions set forth in this Chapter shall be posted at all locations deemed appropriate by the City Engineer. Be it further ordained that this ordinance shall be in full force and effect from and after its passage by this Council, approval by the Mayor and legal publication as required by the Indiana Code for all municipal ordinances which impose a penalty. PASSED AND ADOPTED this t D- day a , 1992, by the Common Council of the City of Richmond, Indiana. ,President (Howar stroj I ATTEST. �[�, City Clerk \(Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this day o fl 1992, at 9:00 a.m. 0c� , City Clerk (Norma Carnes) Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) 10,1 APPROVED by me, Roger Cornett, Mayor of t4(Rornett) hm nd, Indiana, th;jT is of 1992, at 9:05 a.m. Mayor ATTEST. , City Clerk ( rma Carnes) Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) DISPOSITION OF ORDINANCE NO. 2L -199 -2— RESOLUTION NO. -199— try Common Council Ordinance No.21 Resolution No. ! Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date_ Susp. rules lst read Title only --- ------ ------------- -----•-------- ---- ------------------- I ...... ...... J Proof of Publicaton Seconded Move to 2nd read Seconded Engrossment ------- ---------------- -- Seconded - Susp rules 3rd read -------------- Seconded Passage Rejection Date Passed (V A Y 4_L! G(-Z-- COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda �— PUBLICATION DATES: AMENDMENTS: COMMENTS: Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)