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City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
[CC 1970 §21-88; CC 1947 §11-60; Ord. No. 3875 §§1—2, 3-8-1977; Ord. No. 5649 §1, 9-11-2001]
A. 
Definitions. As used in this Section, the following terms shall have the meanings hereinafter stated:
DRIVE, DRIVING, OPERATES OR OPERATING
Physically driving or operating a motor vehicle.
INTOXICATED CONDITION
A person is in an intoxicated condition when he/she is under the influence of alcohol, a controlled substance or drug, or any combination thereof.
B. 
Driving While Intoxicated. A person commits the offense of driving while intoxicated if he/she operates a motor vehicle while in an intoxicated or drugged condition. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two (2) years.
C. 
Driving With Excessive Blood Alcohol Content.
1. 
A person commits the offense of driving with excessive blood alcohol content if such person operates a motor vehicle in this City with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's blood.
2. 
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or two hundred ten (210) liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this Section, the test shall be conducted in accordance with the provisions of State law.
[CC 1970 §21-88.1; Ord. No. 4950 §§1—2, 1-12-1993; Ord. No. 5649 §1, 9-11-2001]
A. 
Upon a plea of guilty, a finding of guilty or a suspended imposition of sentence (SIS), for any offense violating the provisions of Section 342.010 of this Code for an intoxication-related driving offense, the court shall, in addition to imposition of any penalties provided by law, order the defendant to reimburse the City for the costs relating to the investigation, arrest, processing and incarceration of said defendant.
B. 
The City Police Department shall establish, maintain and provide a schedule of costs to the Municipal Court for its consideration in recouping those costs related to this Section. The court has the authority to order any costs reduced if determined to be excessive.
[1]
State Law Reference—Recoupment of costs as a result of judicial findings related to violations of municipal ordinances involving alcohol- or drug-related traffic offenses, §488.5334, RSMo.
[CC 1970 §21-88.2; Ord. No 5539 §1, 11-9-99]
A. 
Definitions. As used in this Section, the following terms shall have the meanings ascribed to them.
ALCOHOLIC BEVERAGE
Includes intoxicating liquor and non-intoxicating beer.
INTOXICATING LIQUOR
Any alcoholic beverage containing in excess of one-half of one percent (.5%) alcohol by volume as defined by Section 311.020, RSMo.
NON-INTOXICATING BEER
Beer having an alcohol content of not less than one-half of one percent (.5%) nor more than three and two-tenths percent (3.2%) by volume as defined by Section 312.020, RSMo.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially modified so that it may be used for the purpose of temporary housing quarters, including sleeping and eating facilities, which are permanently attached to the motor vehicle.
B. 
No person shall consume any alcoholic beverage while operating a motor vehicle upon a public street, highway or alley or while they are passengers in a motor vehicle upon a public street, highway or alley unless otherwise exempted in this Section.
C. 
No person shall knowingly transport any alcoholic beverage, except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cork or cap shall not have been removed while operating a motor vehicle upon any public street, highway or alley.
D. 
Nothing is this Section shall be construed as to prohibit the otherwise legal consumption of an alcoholic beverage by passengers on a privately or publicly owned transit bus, minibus, van or similar vehicle that has been chartered and is not being utilized for conveyance of the general public. However, the driver of such motor vehicle may not possess, have ready access to or consume any alcoholic beverage while operating the motor vehicle on any public street, highway or alley.
E. 
Nothing in this Section shall be construed to prohibit the otherwise legal consumption of an alcoholic beverage by passengers riding in the living quarters of a recreational motor vehicle. However, the driver of such motor vehicle may not possess, have ready access to or consume any alcoholic beverage while operating the motor vehicle on any public street, highway or alley.
F. 
Any person who shall be convicted of a violation of any provision of this Section shall be deemed guilty of a misdemeanor.