City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2254-04 §1, adopted March 16, 2004, enacted the new provisions herein. We have renumbered this chapter from the numbering in said ordinance to stay with our numbering scheme. Please note that section 342.010 was in part previously contained in section 600.200, which entire ch. 600 was repealed and replaced by ord. no. 2255-04, adopted March 16, 2004.

Section 342.010 Open Containers of Alcohol in Vehicles.

[Ord. No. 1552 §1, 7-19-1994; Ord. No. 1907-99 §27, 12-21-1999; Ord. No. 2254-04 §1, 3-16-2004]
A. 
Definitions. "Alcoholic beverages", when used herein, shall mean intoxicating liquor, malt liquor or non-intoxicating beer. "Intoxicating liquor" shall mean alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors or combinations of liquors containing in excess of three and two-tenths percent (3.2%) of alcohol by weight. "Non-intoxicating beer" shall mean any beer manufactured from hops or extract of hops and barley or malt or other grains or cereals or wholesome yeast and pure water and having an alcoholic content in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight.
B. 
Offenses. No person, whether operator or passenger of a motor vehicle, shall possess and/or consume any alcoholic beverage in an open container while traveling or parked on a public roadway or property.
C. 
Penalty. Any person found guilty of violating any of the provisions of this Section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.

Section 342.020 Driving With Excessive Blood Alcohol Content.

[Ord. No. 2254-04 §1, 3-16-2004]
A. 
A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this State with eight-hundredths of one percent (0.08%) 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.

Section 342.030 Driving While Intoxicated.

[RSMo. §577.010; Ord. No. 2254-04 §1, 3-16-2004]
A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.