Blue Hill, NE Public Conduct: Public Alcohol Use (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?
Is it illegal to just have an open beer in my car in Blue Hill?
What counts as an 'open container' under Blue Hill's code?
What is the penalty for violating Blue Hill's open-container rule?
Sources & Official References
Other rules in Blue Hill
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