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Highland, CA Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Section 12.06.070(B) makes it unlawful to drink or attempt to drink any alcoholic beverage in or upon any public park, street, alley, highway or other public place in the City of Highland, except where drinking is expressly permitted by law. The city posts a sign at each park entrance warning of the misdemeanor.
What does the open container presumption mean in Highland?
Under § 12.06.070(A), a person possessing an open container with an alcoholic beverage and having an odor of alcoholic beverage on the breath is presumed to be drinking or attempting to drink where that person is located. The code calls it a presumption affecting the burden of producing evidence under California Evidence Code Sections 603 and 604.
Is it illegal to hand someone a drink in a public place in Highland?
Yes. Section 12.06.070(C) makes it unlawful, in a public park, street, alley, highway or other public place, to offer, furnish or give an alcoholic beverage to another person, or cause it to be offered, furnished or given, except where drinking is expressly permitted by law in that place.
Does low-alcohol beer count as an alcoholic beverage under the park rule?
The definition in § 12.06.010 reaches every liquid or solid containing alcohol, spirits, wine or beer that contains one-half of one percent or more of alcohol by volume and is fit for beverage purposes. A drink below that content falls outside the definition used by Chapter 12.06.

Sources & Official References

Other rules in Highland

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