§ 4-4. Consumption of alcoholic beverages in private motor vehicles prohibited.

(a)

Definitions. For the purposes of this section, the following terms shall have the respective meaning ascribed to them:

(1)

Alcoholic beverages. Any fluid or solid capable for human consumption and having an alcoholic content of more than one (1) percent by volume, including alcohol.

(2)

Private motor vehicles. Any motorized vehicle which is not operating as a licensed passenger or contract carrier, including motorized two-and three-wheel vehicles.

(3)

Public roads, streets, parks, highways and parking lots. All public roads, streets, parks or highways or public parking lots, including privately-owned parking lots wherein parking is allowed without charge, public school parking lots, parks and public playgrounds, that are within the parish and outside any incorporated area.

(4)

Open container: Any container or receptacle wherein the seal or stamp has been broken or any container, bottle or can that has been opened subsequent to the filling of such container by the manufacturer, brewery or distillery of such alcoholic beverages. Alcoholic beverages contained in drinking glasses, cups, including plastic glasses and styrofoam cups, regardless of whether such container has a top fixed thereto, shall be deemed an open container.

(b)

Possession, consumption in motor vehicles declared unlawful. It shall be unlawful for any person to drink, consume or possess alcoholic beverages in an open container in any private motor vehicle when such vehicle is upon the public roads, streets parks, highways and parking lots in Webster Parish.

(c)

Owner or driver permitting or keeping alcoholic beverages in open containers in private motor vehicles declared unlawful. It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner is not then present in the motor vehicle, to knowingly keep or allow to be kept in a private motor vehicle, when such is upon the public roads, streets, parks, highways and parking lots of Webster Parish, any alcoholic beverage in an open container. This provision shall not apply to alcoholic beverages possessed in the trunk of a motor vehicle, and shall not apply to alcoholic beverages possessed in vehicles that are not equipped with a trunk, such as station wagons, campers, and recreational vehicles, provided that the alcoholic beverage is in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

(d)

Penalty for violation. Whoever violates the provisions of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or both.

(e)

Validity. If any provisions or item of this section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this section, which can be given effect without the invalid provisions, items or applications and to this end the provisions of this section are hereby declared severable.

(Ord. No. 892, 10-4-94)