SF0027 - Motor vehicles-open containers.
2001 |
State of Wyoming |
01LSO-0042 |
SENATE FILE NO. SF0027
Motor vehicles-open containers.
Sponsored by: Senator(s) Roberts, Boggs, Erb, Geis, Job,
Massie, Meier, Peck
and Scott and
Representative(s)
McMurtrey, McOmie, Nelson,
Osborn and Ross
A BILL
for
1 AN ACT relating to motor
vehicles; prohibiting
2
transportation and possession of alcoholic beverages in
3
motor vehicles as specified; providing definitions and
4
exceptions; providing a penalty; and providing for an
5
effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 31-5-235 is created to read:
10
11 31-5-235. Transportation and
possession of alcoholic
12 beverages in opened containers prohibited; definitions;
13 exceptions; exception for municipal ordinance; penalty.
14
15 (a) As used in this section:
Page 1
1
2 (i) "Alcoholic
beverage" means alcoholic liquor
3 or
malt beverage as defined in W.S. 12-1-101(a)(i), (vii)
4 and
(x);
5
6 (ii) "Recreational
vehicle" means a self-
7
propelled vehicle designed primarily with living quarters
8 for
recreational, camping, vacation or travel use but
9
excludes any vehicle which does not have plumbing and an
10 electrical system which operates above
twelve (12) volts.
11
12 (b) No person
shall transport or possess any
13 alcoholic beverage in a vehicle on a public
street or
14 public highway unless the beverage is:
15
16 (i) In the
original unopened package or
17 container, the seal of which has not been
broken and from
18 which the original cap, cork or other means
of closure has
19 not been removed;
20
21 (ii) In the
trunk or any other outside
22 compartment of the vehicle which is not
readily accessible
23 to any person in the vehicle while the
vehicle is in
24 motion;
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1
2 (iii) In the
unoccupied back of a pickup truck
3 out
of reach of the driver even though access is available
4
through a window; or
5
6 (iv) In an
unoccupied rear compartment of a
7 vehicle
not equipped with a trunk or other outside
8
compartment and the rear compartment is not readily
9
accessible to the driver and not normally occupied by
10 passengers while the vehicle is in motion.
11
12 (c) This
section shall not apply to any passenger in
13 a chartered bus designed to carry more than
ten (10)
14 persons or a chartered limousine when the
vehicles are
15 being used for the transportation of
passengers, or to any
16 occupant in the living quarters of a
recreational vehicle.
17 The driver of any bus, limousine or
recreational vehicle is
18 prohibited from consuming or having any
alcoholic beverage
19 in or about the driving area of the vehicle.
20
21 (d) This
section shall not apply within the
22 boundaries of any incorporated municipality
which has
23 adopted an ordinance prohibiting
transportation or
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1
possession of any open container of an alcoholic beverage
2 in
a vehicle on a public street or public highway.
3
4 (e) Any person violating this section shall:
5
6 (i) For a first
conviction or a subsequent
7
conviction not occurring within one (1) year after the
8
first conviction, be punished by a fine of not more than
9 two
hundred dollars ($200.00);
10
11 (ii) For a second
conviction within one (1) year
12 after the first conviction, be punished by a
fine of not
13 more than three hundred dollars ($300.00) or
by
14 imprisonment for not more than thirty (30)
days, or both;
15
16 (iii) For a third
or subsequent conviction
17 within one (1) year after the first
conviction, be punished
18 by a fine of not more than five hundred
dollars ($500.00)
19 or by imprisonment for not more than six (6)
months, or
20 both.
21
22 Section 2. This act is effective July 1, 2001.
23
24 (END)
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