§ 4-5. Alcoholic beverages in motor vehicles.

(a)

No operator of, or passenger in or on a motor vehicle shall possess, when such vehicle is upon a street or highway any alcoholic beverage in an open container.

(b)

No operator of a motor vehicle, when such motor vehicle is upon a street or highway, shall allow to be transported, carried or possessed in the vehicle any alcoholic beverage in an open container.

(c)

The term "open container" as used herein is defined to include a bottle, can, cup or other receptacle which has been opened, or on which a seal or stamp has been broken, or from which the contents have been partially removed. In addition, said term also includes any cup or container without lids or seals, or with lids or seals but with straws protruding therefrom, or with only partial lids or seals.

(d)

The provisions of this section, shall not apply to the following:

(1)

Persons operating or occupying a motor vehicle who, as a condition of their employment and while acting in the course and scope of such employment, are required to carry open alcoholic beverage containers, provided that said operator or passengers do not consume said alcoholic beverages;

(2)

Paid fare passengers on a common or contract carrier vehicle, as defined in R.S. 45:162;

(3)

Paid fare passengers on a public carrier vehicle, as defined in R.S. 45:200.2;

(4)

Passengers of a self-contained motor home which is in excess of twenty-one (21) feet in length;

(5)

Possession of an open container of alcoholic beverage in the trunk of a motor vehicle;

(6)

In the event that the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages:

a.

In a locked glove or utility compartment; or

b.

In an area of the vehicle not normally occupied by, and not readily accessible to the driver or passengers.

(e)

Any person who violates any provision of this section shall be punished as set forth in section 1-10 of this Code.

(f)

Enforcement. The observance of a glass, cup, or other container which, on its face, does not indicate that the container contains an alcoholic beverage, shall not, absent other circumstances, constitute probable cause for a law enforcement officer to stop and question a person.

(g)

If a person under eighteen (18) years of age who is a "child" as defined in Article 603 of the Louisiana Children's Code is charged a violation of this section, the Jefferson Parish sheriff's office shall file a report with the district attorney and shall request an investigation to determine whether a child is in need of care of the purposes of Article 606 of the Louisiana Children's Code.

(Ord. No. 18582, § 1, 9-2-92; Ord. No. 23671, § 2, 10-14-09)

Editor's note

Ord. No. 18582, § 1, adopted September 2, 1992, amended the Code by adding a § 4-61. In order to keep like material together, the aforesaid has been redesignated as § 4-5.