La Plata County, CO Public Conduct: Public Alcohol Use (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.
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?
Is merely carrying an unopened bottle onto county property a violation?
Does this section apply in Durango, Bayfield or Ignacio?
What happens if I am caught, and can other charges be added?
Sources & Official References
Other rules in La Plata County
Compare La Plata County to another location·View the Colorado public conduct overview
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