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:
Physically driving or operating a motor vehicle.
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.
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.
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The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped for any reason.
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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.
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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.
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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.
ALCOHOLIC BEVERAGE
MOTOR VEHICLE
RECREATIONAL MOTOR VEHICLE
Definitions
used in this Section are as follows:
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.
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.
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.
