Highland, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Banned places
- Public park, street, alley, highway, other public place
- Banned acts
- Drinking, attempting to drink, offering or giving alcohol
- Presumption
- Open container plus odor of alcohol on breath
- Definition threshold
- One-half of one percent alcohol by volume or more
- Park signage
- Sign at each park entrance warning of misdemeanor
Summary
In the City of Highland, California, it is unlawful to drink or attempt to drink alcohol in any public park, street, alley, highway or other public place unless the law expressly permits it there. Holding an open container while smelling of alcohol creates a presumption of drinking. Park entrances carry a misdemeanor warning sign.
A. For the purposes of this chapter, any person possessing an open container containing an alcoholic beverage, and having an odor of alcoholic beverage on the person's breath, is presumed to be drinking or consuming or attempting to drink or consume an alcoholic beverage at the place where such person is located. ... ... B. It is unlawful for any person or persons to drink or consume or attempt to drink or consume any alcoholic beverages while such person or persons are in or upon any public park, street, alley, highway, or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law.
Full Breakdown
Section 12.06.070 of the Highland Municipal Code has three operative parts. Subsection B makes it unlawful to drink or consume, or attempt to drink or consume, any alcoholic beverage while in or upon any public park, street, alley, highway or other public place in the City of Highland, except in those public places where drinking is expressly permitted by law. Subsection C separately makes it unlawful, in those same places, to offer, furnish or give an alcoholic beverage to another person. Subsection A supplies the evidentiary shortcut: a person possessing an open container containing an alcoholic beverage and having an odor of alcoholic beverage on the breath is presumed to be drinking or attempting to drink at that location. The code labels this a presumption affecting the burden of producing evidence under Sections 603 and 604 of the California Evidence Code.
Section 12.06.010 defines alcoholic beverage broadly: alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, with one-half of one percent or more of alcohol by volume, fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
Subsection D directs the city manager to post a sign at each entrance to every city park stating, substantially, that possession, offering and/or consumption of alcoholic beverages in the City park are a misdemeanor, citing Highland Municipal Code Section 12.06.070. The same chapter sets park hours of 6:00 a.m. to 10:00 p.m. in § 12.06.080, and the exception for places where drinking is expressly permitted by law leaves room for licensed premises and permitted events elsewhere.
Violations & Fines
The posted park sign describes possession, offering and consumption as a misdemeanor. Under § 12.06.090, a violation of Chapter 12.06 is a misdemeanor unless it is designated or prosecuted as an infraction at the discretion of the city attorney or the district attorney. An administrative citation under Chapter 2.56 is also available, each day of violation is a separate offense, and the remedies are cumulative.
Frequently Asked Questions
Can I drink alcohol in a Highland city park?
What does the open container presumption mean in Highland?
Is it illegal to hand someone a drink in a public place in Highland?
Does low-alcohol beer count as an alcoholic beverage under the park rule?
Sources & Official References
Other rules in Highland
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Public Alcohol Use in Nearby Cities
How other cities in San Bernardino County handle public alcohol use.