§ 9.12.105. Open container.

(a)

Except as otherwise permitted in Subsection (b), it shall be unlawful for a person, while in the passenger area of a motor vehicle that is on a public highway in the City or the right-of-way of a public highway in the City, to knowingly:

(1)

Drink an alcoholic beverage; or

(2)

Have in his or her possession an open alcoholic beverage container.

(b)

The provisions of this Section shall not apply to:

(1)

Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation;

(2)

The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer or motor home, as defined in Section 41-1-102(57), C.R.S., or trailer coach, as defined in Section 41-1-102 (106)(a), C.R.S.;

(3)

The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or

(4)

The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

(Ord. 1402 §5, 2005)