Title
An ordinance amending Chapter 11.12 of the Metropolitan Code of Laws to prohibit passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer during the operation of the vehicle.
Body
WHEREAS, pursuant to Tennessee Code Annotated ? 55-10-416(a)(1), a driver is prohibited from consuming any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle; and
WHEREAS, T.C.A. ? 55-10-416(c) authorizes local governments to prohibit consumption or possession of an alcoholic beverage or beer by passengers in a motor vehicle during the operation of the vehicle by the driver.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 11.12 of the Metropolitan Code of Laws is hereby amended by adding the following new Section 11.12.100 as follows:
11.12.100 - Passenger in a Motor Vehicle - Open Containers.
A.1. Notwithstanding any provision of this Code to the contrary, no passenger in a motor vehicle shall consume any alcoholic beverage or beer or possess an open container of any alcoholic beverage or beer while a passenger in a motor vehicle during operation of the vehicle by its driver in the jurisdiction of the Metropolitan Government.
2. For purposes of this section:
a. "Open container" means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
b. An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and
c. A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
B. Any person violating this section shall be subject to a fine of $50.00.
C. The provisions of this Section shall expire and be of no further force ...
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