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Blue Hill, NE Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Municipal Code § 5-103
Prohibited act
Open container in vehicle passenger area
Also prohibited
Drinking in public parking area/highway
Max fine
$500.00 per offense
Last amended
Ord. No. 540, May 9, 2000

Summary

Blue Hill makes it unlawful to possess an open alcoholic beverage container in a vehicle's passenger area, or to drink alcohol, in any public parking area or on any highway in the city, with narrow exceptions tied to state-licensed events.

SECTION 5-103: ... DRINKING ON PUBLIC PROPERTY; POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINER ... ... B. It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this city. C. Except as provided in Neb. Rev. Stat. §53-186, it is unlawful for any person to consume an alcoholic beverage (1) in a public parking area or on any highway in this city or (2) inside a motor vehicle while in a public parking area or on any highway in this city.

Full Breakdown

Section 5-103 of the Blue Hill Municipal Code, titled Drinking on Public Property; Possession of Open Alcoholic Beverage Container, sets the city's open-container rule. Subsection B bars anyone from possessing an open alcoholic beverage container in the passenger area of a motor vehicle while that vehicle sits in a public parking area or on any highway inside city limits. Subsection C separately bars consuming an alcoholic beverage in a public parking area or on any highway, or inside a vehicle parked in either location, unless Neb.

Rev. §53-186 provides an exception (such as a licensed special event on city property). The section's definitions, printed in subsection D, spell out what counts: an 'alcoholic beverage' is any beer, wine, or distilled spirits of at least one-half of one percent alcohol by volume; an 'open alcoholic beverage container' is any bottle, can, or receptacle that is open, has a broken seal, or has had its contents partially removed; and 'passenger area' covers the seating area and reachable compartments but excludes a trunk or an area behind the last upright seat that is not normally occupied.

Subsection A separately bars drinking on any government-owned property without authorization from the governing body in charge of that property, unless the Nebraska Liquor Control Commission has issued a license under §53-186(2). The rule was last amended by Ordinance Nos. 322 (May 1, 1990) and 540 (May 9, 2000).

Violations & Fines

A violation of Section 5-103 falls under the Chapter 5 general penalty at Section 5-801: a fine of up to $500.00 per offense, with a new violation deemed committed for every 24 hours a violation continues uncorrected. Enforcement is by city police or any officer with arrest authority for traffic violations.

Frequently Asked Questions

Can I drink alcohol in a public parking lot in Blue Hill?
No. Section 5-103(C) makes it unlawful to consume an alcoholic beverage in a public parking area or on any highway in the city, and the same rule reaches the inside of a parked vehicle in either location, unless a state Liquor Control Commission exception under §53-186 applies.
Is it illegal to just have an open beer in my car in Blue Hill?
Yes. Section 5-103(B) prohibits possessing an open alcoholic beverage container in the passenger area of a motor vehicle whenever that vehicle is in a public parking area or on any highway within the city, regardless of whether anyone is drinking it.
What counts as an 'open container' under Blue Hill's code?
Section 5-103(D)(3) defines it as any bottle, can, or other receptacle containing alcohol that is open, has a broken seal, or has had its contents partially removed, whether or not it has been sealed again.
What is the penalty for violating Blue Hill's open-container rule?
Section 5-801 sets the general Chapter 5 penalty at a fine of up to $500.00, and treats continued noncompliance as a fresh violation every 24 hours.

Sources & Official References

Other rules in Blue Hill

All Blue Hill rules

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