Skip to main content
CityRuleLookup

Bay County, MI Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Bay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No. Section 41.2320 makes it a misdemeanor to consume liquor on any public street, highway, alley, sidewalk or public way open to vehicle or pedestrian traffic anywhere in the county, unless a city or township within the county has adopted a different rule for its own limits.
Does Bay County's open-drinking ban cover parking lots?
Yes. Section 41.2320(b) extends the ban to public parking lots and to private lots available for private use in business, commercial or industrial areas as defined by the local zoning ordinance, not just public streets and sidewalks.
What's the penalty for public drinking in Bay County?
Article V has no penalty section of its own, so it falls under the ordinance's catch-all, Section 41.2350: a misdemeanor punishable by up to $100.00 in fines, up to 90 days in jail, or both, at the court's discretion.

Sources & Official References

Other rules in Bay County

All Bay County rules

Compare Bay County to another location·View the Michigan public conduct overview

Get notified when Public Alcohol Use in Bay County, MI changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.