Bay County, MI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Prohibited act
- Consuming liquor on public streets/sidewalks
- Also covers
- Public and qualifying private parking lots
- Penalty
- Up to $100 fine or 90 days jail
- Applies
- Countywide, outside municipal overrides
- Adopted
- Ordinance No. 24, April 12, 1983
Summary
Bay County makes it a misdemeanor to drink alcohol on any public street, highway, alley, sidewalk or public way open to vehicle or pedestrian traffic. The same ban reaches public parking lots and private lots open for private use in business, commercial or industrial zones, and a conviction can bring up to $100 in fines or 90 days in jail.
Sec. 23-20. A person is guilty of a misdemeanor if he consumes liquor: (a)On public streets, highways, alleys, sidewalks or any public way open to the vehicular or pedestrian traffic; or,(b)In public parking lots or private lots available for private use in any business, commercial or industrial area as defined in the local zoning ordinance.
Full Breakdown
Part 41, Article V of the county code, part of Ordinance No. 24 adopted April 12, 1983 and amended July 12, 1994, bans public drinking countywide. 2320 (Sec. 23-20) makes a person guilty of a misdemeanor if they consume liquor on public streets, highways, alleys, sidewalks or any public way open to vehicular or pedestrian traffic, or in public parking lots, or in private lots available for private use located in a business, commercial or industrial area as defined by the local zoning ordinance. 2310 to mean any alcohol, spirits, wine or beer, and any patented or unpatented liquid or solid containing them that's capable of being consumed as a beverage.
The rule reaches unincorporated Bay County and any township that hasn't adopted its own separate open-container ordinance; cities like Bay City and Essexville, and each of the county's townships, retain the power to set their own, potentially different, open-container rules within their own limits. 2350, and each occurrence is treated as a separate offense. The ordinance targets the act of consuming liquor in these locations, not merely possessing an open container, so a closed container carried through a public parking lot is not, by this section's plain language, the same offense as drinking one there.
Violations & Fines
Article V carries no stand-alone penalty section, so a conviction for drinking in public falls under Section 41.2350, the ordinance's catch-all: a misdemeanor punishable by a fine of not more than $100.00, imprisonment not to exceed 90 days, or both, in the court's discretion. A continuing violation is treated as a new offense for each day it persists under that same catch-all provision.
Frequently Asked Questions
Can I drink a beer on a Bay County sidewalk?
Does Bay County's open-drinking ban cover parking lots?
What's the penalty for public drinking in Bay County?
Sources & Official References
Other rules in Bay County
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