§ 4-55. Open container regulations; motor vehicle restriction, exceptions; violation.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic beverage means a beverage as defined in 23 CFR 1270.3(a).

Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails.

Open alcoholic beverage container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and:

(1)

That is open or has a broken seal; or

(2)

The contents of which are partially removed.

Passenger area means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his seating position, including, but not limited to, the glove compartment.

(b)

Except as otherwise permitted in subsection (b)(2)a of this section, a person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state may not knowingly:

(1)

Drink an alcoholic beverage; or

(2)

Have in his possession an open alcoholic beverage container.

a.

The provisions of this subsection (b)(2) 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, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach, as defined in C.R.S. § 42-1-102(106)(a);

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.

b.

A person who violates the provisions of this subsection (b)(2) commits a Class A traffic infraction and shall be punished by a fine of $50.00 and a surcharge of $7.80 as provided in C.R.S. § 42-4-1701(4)(a)(I)(N).

(Ord. No. 210, § 2, 9-9-1975)

State law reference

Similar provision, C.R.S. § 42-4-1305.