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

09 sits in Chapter 2, Misdemeanors, and covers both open containers and the act of drinking. It reaches every public street, sidewalk, alley, playground, and walkway in the City, with two narrow carve-outs: the footprint of a City Manager-approved community-wide event, and the grounds of a business, outdoor dining area, or other location that holds a state license to serve alcohol under the Alcoholic Beverage Control Act. The same section separately addresses parking lots. On any private parking lot open to the public, drinking or holding an open container is banned unless the alcohol is served under a state license issued for that lot.

On public parking lots, the ban is absolute except for lots that directly abut a City park, and even there a person needs advance written approval from the Public Works Director before drinking is allowed. The section closes by noting it does not excuse conduct that state law separately makes punishable, so an open container in a vehicle, for example, remains prosecutable under the Vehicle Code regardless of this local exception structure. 09 sits under the Misdemeanors chapter heading, a violation is chargeable as a misdemeanor, giving police discretion to cite depending on the circumstances of the offense.