City of Manchester, MO
St. Louis County
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Table of Contents
Table of Contents
Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §130.300 of this Code.
As used in this Chapter, the following terms shall have these prescribed meanings:
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.
LAW ENFORCEMENT OFFICER OR ARRESTING OFFICER
Includes the definition of Law Enforcement Officer in Subdivision (17) of Section 556.061, RSMo., and Military Policemen conducting traffic enforcement operations on a Federal military installation under military jurisdiction in the State of Missouri.
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.
A. 
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.
B. 
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 Sections 577.020 to 577.041, RSMo.
[Ord. No. 07-1758 §1, 4-2-2007]
A. 
Any person who operates a motor vehicle upon the public highways of this City shall be deemed to have given consent to, subject to the provisions of Sections 577.019 to 577.041, RSMo., a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:
1. 
If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or
2. 
If the person is under the age of twenty-one (21), has been stopped by a Law Enforcement Officer, and the Law Enforcement Officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent (.02%) or more by weight; or
3. 
If the person is under the age of twenty-one (21), has been stopped by a Law Enforcement Officer, and the Law Enforcement Officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the State, or any political subdivision of the State, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent (.02%) or greater;
4. 
If the person is under the age of twenty-one (21), has been stopped at a sobriety checkpoint or roadblock, and the Law Enforcement Officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent (.02%) or greater;
5. 
If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in Section 565.002, RSMo., and has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any State law or County or municipal ordinance with the exception of equipment violations contained in Chapter 306, RSMo., or similar provisions contained in County or municipal ordinances; or
6. 
If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury as defined in Section 565.002, RSMo.
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.
B. 
The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
C. 
Chemical analysis of the person's breath, blood, saliva or urine to be considered valid pursuant to the provisions of Sections 577.019 to 577.041, RSMo., shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose.
D. 
The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment or methods to be considered valid pursuant to the provisions of Sections 577.019 to 577.041, RSMo., and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services.
E. 
The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer.
F. 
Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:
1. 
The type of test administered and the procedures followed;
2. 
The time of the collection of the blood or breath sample or urine analyzed;
3. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
4. 
The type and status of any permit which was held by the person who performed the test;
5. 
If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.
Full information does not include manuals, schematics or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.
G. 
Any person given a chemical test of the person's breath pursuant to Subsection (A) of this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test pursuant to this Subsection or a field sobriety test shall be admissible as evidence at either any trial of such person for either a violation of any State law or County or municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
[CC 1979 §16-92; Ord. No. 01-1290 §2, 9-17-2001]
A. 
Upon the trial of any action arising out of acts alleged to have been committed by any person while operating a motor vehicle while intoxicated or in a drugged condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by chemical analysis of the persons blood, breath, saliva or urine is admissible in evidence. Such evidence shall be construed as follows:
1. 
If there was five-hundredths of one percent (.05%) or less by weight of alcohol in his blood, it shall be presumed that the person was not intoxicated at the time the specimen was obtained.
2. 
If there was in excess of five-hundredths of one percent (.05%) but less than eight-hundredths of one percent (.08%) by weight of alcohol in his blood, the fact shall not give rise to any presumption that the person was or was not intoxicated but the fact may be considered with other competent evidence in determining whether the person was intoxicated.
3. 
If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the persons blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
[CC 1979 §16-93; Ord. No. 98-1076 §1, 11-2-1998]
If a person under arrest refuses upon the request of the arresting officer to submit to a chemical test, which request shall include the reasons of the officer for requesting the person to submit to a test and which also shall inform the person that his license may be revoked upon his refusal to take the test, then none shall be given. In this event, the arresting officer, if he so believes, shall make a sworn report to the Director of Revenue of the State of Missouri that he has reasonable grounds to believe that the arrested person was operating while in an intoxicated condition or, if under twenty-one (21), was operating such vehicle with a blood alcohol content of two-hundredths of one percent (.02%) or more by weight of alcohol, and that, on his request, refused to submit to the test.
[CC 1979 §16-94]
No person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of operating a motor vehicle shall operate a motor vehicle in this City. The fact that any person charged with violation of this Section is or has been entitled to use such drugs under the laws of this City shall not constitute a defense against any charge of violating this Section.
[CC 1979 §4-24; Ord. No. 92-654 §1, 12-21-1992]
A. 
Definitions used in this Section are as follows:
ALCOHOLIC BEVERAGE
Includes alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous or fermented and to also include any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives, and adulterants, and having any alcoholic content by weight or volume.
MOTOR VEHICLE
Any mechanical device on wheels, designed primarily for use on highways, except motorized bicycles and vehicles propelled or drawn by human power, or vehicles used exclusively on fixed rails or tracks or cotton trailers.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purpose of temporary housing quarters, including therein sleeping and eating facilities, which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle.
B. 
No person shall knowingly transport in any motor vehicle or recreational motor vehicle operating upon any public highway, street, road, or alley within the City of Manchester 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 cap or cork shall not have been removed, unless the opened container is in the rear trunk or rear compartment, which shall include the spare tire compartment or any outside compartment which is not accessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, station wagon, hatchback, or other similar motor vehicle or recreational motor vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person while the vehicle is in motion.
C. 
No driver of a motor vehicle or recreational motor vehicle within the City of Manchester shall allow any alcoholic beverage to be consumed while in a moving motor vehicle or recreational motor vehicle, as defined in this Section, nor shall any person consume any alcoholic beverage while in a moving motor vehicle or recreational motor vehicle.
D. 
Nothing in this Section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers on a privately or publicly owned transit authority that has been chartered and is not being utilized for conveyance of the general public where the operation and control of such conveyance is by a person not in possession of or with ready access to such alcoholic beverage.
E. 
This Section shall not apply to the living quarters of a recreational motor vehicle as defined in this Section.
F. 
It shall be unlawful for any person to be in possession of an alcoholic beverage in an open container when upon or in a public highway, street, alley, public place or public square within the City of Manchester, except as such may be permitted, in writing, by the City Administrator of the City of Manchester or his designee.
[Ord. No. 17-2198, 12-4-2017]
A. 
It is unlawful for a person to knowingly rent, lease or lend a motor vehicle to a person required to use an ignition interlock device on all vehicles operated by the person unless such vehicle is equipped with a functioning, certified ignition interlock device.
B. 
It is unlawful for a person who is required to use an ignition interlock device on all vehicles he or she operates to knowingly fail to notify any other person who rents, leases or loans a motor vehicle to that person of such requirement.
C. 
It is unlawful for any person who is required to use an ignition interlock device on all vehicles he or she operates to knowingly request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
D. 
It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable vehicle to a person who is required to use an ignition interlock device on all vehicles he or she operates.
E. 
It is unlawful to tamper with or circumvent the operation of an ignition interlock device.
F. 
It is unlawful to knowingly operate a motor vehicle that is not equipped with a functioning certified ignition interlock device in violation of a Court order or Missouri Department of Revenue directive to use such a device.
[Ord. No. 17-2198, 12-4-2017]
A. 
It is unlawful for any person. unless expressly exempted by the terms of another Section of this Code of Ordinances, to operate any motor vehicle without a functioning, certified ignition interlock device when that person has been ordered by a Court or by the Missouri Department of Revenue to equip any vehicle he/she operates with such a device.
1. 
It is not a defense to any charge under this Section that the vehicle is rented, leased or lent by anyone.
2. 
Missouri Department of Revenue records containing any entry requiring the use of the device, as provided by Sections 577.600 through 577.614, RSMo., shall be presumptive evidence of the requirement to have an ignition interlock device.
B. 
It is unlawful for any person to request or solicit another person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle if the driving privilege of the person making the request is restricted pursuant to this Section.
C. 
It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable vehicle to a person whose driving privilege is restricted under the Statutes of the State of Missouri.
D. 
It is unlawful for any person to tamper with, or circumvent the operation of, an ignition interlock device.