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HomeMy WebLinkAbout1983-132NO P1 13a2, AN ORDINANCE RELATING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES, PROVIDING PENALTIES AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I (a) It shall be unlawful for any person to knowingly and intentionally transport, carry, possess, or have an open container containing a usable quantity of an alcoholic beverage (as defined in section 1 04 (1) V T C A Alcoholic Beverage Code) in or upon or about any motor vehicle in or upon the public highways, roads, streets, alleys or sidewaiks, within the City, except when such alcoholic beverage is in the original unopened container Provided however, that this Section shall not apply to any alcoholic beverage that is locked in the trunk of a motor vehicle or in some other areas of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk, in such a manner as to be inaccessible from the interior or to any person riding in such vehicle (b) If the actor knowingly and intentionally possesses or has in his or her possession an open container made for the purpose of containing an alcoholic beverage and labeled as containing an alcoholic beverage, it shall be presumed that any content herein is an alcoholic beverage (c) An offense under this secton is a Class C misdemeanor SECTION II Any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200 00), and each day and every day that the provisions of this ordinance are violated shall constitute a PAGE ONE separate and distinct offense This penalty is in addition to and cumulative of, any other remedies available at law and equity SECTION III_ That this ordinance shall become etfective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage SECTION IV PASSED AND APPROVED this 15th day of November, 1983 - w mwn (A 0 T 14A S TEWA 0 MINTON, j TEXAS ATTES2: CHAgLOTTE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE TWO