[Ord. No. 5351 § 2, 12-19-2016[1]]
A person commits the offense of "driving while intoxicated"
if he or she operates a vehicle or vessel, or manipulates any water
skis, while in an intoxicated condition.
[1]
State Law Reference: See Sections 577.001, 577.010, 577.013
and 577.024, RSMo.
[Ord. No. 5351 § 2, 12-19-2016[1]]
A person commits the offense of "driving with excessive blood
alcohol content" if such person operates a vehicle or vessel in this
City while having eight-hundredths of one percent (0.08%) or more
by weight of alcohol in his or her blood, or a commercial motor vehicle
while having four-hundredths of one percent (0.04%) or more by weight
of alcohol in his or her blood.
[1]
State Law Reference: See Sections 577.012 and 577.014, RSMo.
[Ord. No. 5351 § 2, 12-19-2016[1]]
A.
Any person who operates a vehicle upon the public highways of this
City or a vessel shall be deemed to have given consent, subject to
the provisions of Sections 577.020 to 577.041, RSMo., to 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 operating a vehicle or vessel while
in an intoxicated condition;
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 operating a
vehicle or vessel with a blood alcohol content of two-hundredths of
one percent (0.02%) or more by weight;
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
by weight of two-hundredths of one percent (0.02%) 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 by weight of two-hundredths of one percent (0.02%)
or greater; or
5.
If the person, while operating a vehicle, has been involved
in a collision or accident which resulted in a fatality or a readily
apparent serious physical injury as defined in Section 556.061, RSMo.,
or 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 Chapters 306
and 307, RSMo., or similar provisions contained in County or municipal
ordinances;
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Pursuant to such consent, the test shall be administered at
the direction of the Law Enforcement Officer whenever the person has
been arrested, detained 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 stop, detention, arrest, incident or charge.
C.
To be considered valid, chemical analysis of the person's breath,
blood, saliva or urine 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 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.
E.
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, breath, saliva or urine
sample analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood, breath, saliva and urine that was analyzed;
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 the most recent 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 City or State. Additionally,
full information does not include information in the possession of
the manufacturer of the test instrument.
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F.
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 for a violation of any municipal ordinance.
[1]
State Law Reference: See Section 577.020, RSMo.
[Ord. No. 5351 § 2, 12-19-2016[1]]
A.
ALCOHOLIC BEVERAGE
REAR COMPARTMENT
RECREATIONAL MOTOR VEHICLE
Definitions. The following terms shall have the meanings ascribed
to them in this Section, except where context indicates a different
meaning:
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquor 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.
Vehicle trunk, spare tire compartment or any outside compartment
which is not accessible to the driver or any other person while such
vehicle is in motion. In the case of a pickup truck, station wagon,
hatchback or other similar vehicle, the area behind the last upright
seat shall be considered the rear compartment.
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. Nothing
herein shall prevent any motor vehicle being registered as a commercial
motor vehicle if the motor vehicle could otherwise be so registered.
B.
A person commits the offense of consumption of an alcoholic beverage
while driving if he or she operates a moving vehicle upon any public
thoroughfare for vehicles including State roads, County roads and
public streets, avenues, boulevards, parkways or alleys in the City
while consuming any alcoholic beverage.
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, or as otherwise allowed by
law, while operating a motor vehicle upon a public street, highway
or alley unless the opened container is in a rear compartment area
of the 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
vehicle as defined in this Section.
[1]
State Law Reference: See Section 577.017, RSMo.
[Ord. No. 5351 § 2, 12-19-2016[1]]
A.
It is an offense 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 an offense 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 an offense 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 an offense 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 an offense to tamper with or circumvent the operation of an
ignition interlock device.
F.
It is an offense to knowingly operate a motor vehicle that is not
equipped with a functioning certified ignition interlock device in
violation of a court or Department of Revenue order to use such a
device.
G.
It is not an offense for the employer of a person otherwise required
to have an ignition interlock device on vehicles operated by that
person (but not including as an employer the person as self-employer
and not including any entity wholly or partially owned by the person)
to allow such person to drive an employer-owned vehicle not equipped
with an ignition interlock device for employment purposes only (but
excluding any vehicle used for transporting children under the age
of eighteen (18) years or vulnerable persons as defined in Section
630.005, RSMo.) pursuant to an explicit court exemption variance.
[Ord. No. 5368, 2-5-2018]
[1]
State Law References: See Sections 577.599, 577.600, 577.605,
577.612, RSMo.
