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La Plata County, CO Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Section
La Plata County Code § 38-5(I)(A), Prohibited substances
Prohibited acts
Openly display, consume, possess or sell alcohol on county property
Exception
Permitted, authorized and approved event on county property
Penalty
Petty offense, cumulative of other criminal penalties
Notice
Signs posted where the county manager deems necessary
Adopted
Ord. No. 2025-01, effective 2/14/2025

Summary

In unincorporated La Plata County, Colorado, Sec. 38-5(I)(A) of the County Code makes it unlawful to openly display, consume, possess or sell alcohol on county property unless a governmental agency has permitted an authorized and approved event. A violation is a petty offense, and the section prints no fine amount.

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

I. Prohibited acts. It is unlawful: A. To openly display, consume, possess or sell alcohol and alcoholic beverages on county property, unless properly permitted, by applicable governmental agencies for an authorized and approved event on county property. ... III. ... Penalties. All penalties under this section are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited herein. Any person who violates this section shall be guilty of a petty offense.

Full Breakdown

Section 38-5 of the La Plata County Code, titled Prohibited substances, sits in Chapter 38 (Public Places). It reaches property the county owns or operates, not private land and not the streets of Durango, Bayfield or Ignacio, which each govern their own limits. Tribal trust land under the Southern Ute Indian Tribe is also outside the Board of County Commissioners' code.

Subsection (I)(A) is the alcohol clause. It lists four separate acts: openly displaying, consuming, possessing and selling alcohol and alcoholic beverages on county property. Possession alone is enough, so a sealed bottle carried onto county property without a permit is covered the same way an open one is. The single exception is permission for an event: the alcohol must be properly permitted by the applicable governmental agencies for an authorized and approved event on county property. Nothing in the section creates a personal exemption for a private gathering, a tailgate or a quiet drink in a parked vehicle on county land.

The Board of County Commissioners adopted the section under C.R.S. 18-9-117, 30-11-101 and 30-15-401, and the text opens by saying it applies regardless of the general use of county property and facilities. Subsection (II) makes the county manager responsible for notice. Signs are posted on county property as the manager deems necessary or appropriate, following the requirements of C.R.S. 18-9-117(2).

Subsection (III) sets the penalty rule: a violator is guilty of a petty offense, and penalties under the section are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited. The section came in through Ordinance No. 2025-01, dated 02/11/2025 and effective 2/14/2025, alongside the neighboring camping (38-4), firearms (38-6) and other unauthorized activities (38-7) sections.

Violations & Fines

Anyone who violates Sec. 38-5 in unincorporated La Plata County is guilty of a petty offense. The county code prints no dollar fine or jail term in this section. Penalties are cumulative of, and not a substitute for, any other criminal statutes and penalties tied to the same conduct, so a separate state charge can be filed alongside the county one.

Frequently Asked Questions

Can I drink alcohol in a county park or at a county building in La Plata County?
Not without event permission. Sec. 38-5(I)(A) makes it unlawful to openly display, consume, possess or sell alcohol on county property unless it is properly permitted by applicable governmental agencies for an authorized and approved event. Without that permit, all four acts are violations, and the penalty is a petty offense.
Is merely carrying an unopened bottle onto county property a violation?
Yes. The clause names possession and display as separate prohibited acts alongside consumption and sale, so an unopened container is covered. The only stated exception is alcohol permitted by governmental agencies for an authorized and approved event on county property.
Does this section apply in Durango, Bayfield or Ignacio?
No. Section 38-5 is part of the La Plata County Code adopted by the Board of County Commissioners and applies to county property. Durango, Bayfield and Ignacio each govern their own limits, and tribal trust land is governed by the Southern Ute Indian Tribe.
What happens if I am caught, and can other charges be added?
A violation is a petty offense under Sec. 38-5(III). That subsection also states that its penalties are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited, so additional charges under state criminal law can accompany the county one.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

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