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

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

Key Facts

Governing section
Municipal Code § 9.04.010
Prohibited conduct
Drinking intoxicating liquor in public
Maximum misdemeanor fine
$1,000 and/or 6 months jail
Infraction fine, first offense
Up to $100
Repeat infraction fines
$200, then $500 per year
Enforcing agency
Montebello Police Department

Summary

In the City of Montebello, drinking any intoxicating liquor on a public street or in any public place is flatly prohibited by Municipal Code Section 9.04.010. The one-sentence ban covers every street, sidewalk, park and public place inside city limits, with no built-in carve-out for special events. A violation is a misdemeanor under Section 1.12.010, though prosecutors can instead charge it as a graduated infraction.

B.Any conviction of a misdemeanor under the provisions of this code shall, unless otherwise specified, be punishable by a fine of not more than one thousand dollars, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.C.Any person convicted of an infraction under the provisions of this code, unless specified otherwise, shall be punishable by a fine not exceeding one hundred dolalrs for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional violation of the same provision within one year. ... No person shall drink any intoxicating liquor in or upon any public street or public place within the city.

Full Breakdown

Montebello Municipal Code Section 9.04.010 sits in Chapter 9.04, Offenses Against Public Decency, within Title 9, Public Peace, Morals and Welfare. The text is short and absolute: no person may drink intoxicating liquor in or upon any public street or public place within the city. Unlike ordinances that carve out sidewalk cafes, festival zones or open-container exceptions for permitted events, this section names none, so any public consumption inside city limits falls under the ban unless a separate permit ordinance elsewhere in the code creates an exception.

Because Chapter 9.04 sets no penalty of its own, enforcement runs through the citywide default in Chapter 1.12, General Penalty. Section 1.12.010(A) makes every code violation a misdemeanor unless specifically designated an infraction, leaving the choice to the city attorney or city prosecutor in the interest of justice. Section 1.12.010(B) caps a misdemeanor conviction at a fine of not more than one thousand dollars, up to six months in jail, or both. If the same conduct is instead prosecuted as an infraction, Section 1.12.010(C) sets a graduated schedule: not more than one hundred dollars for a first violation, two hundred dollars for a second violation of the same provision within a year, and five hundred dollars for each additional violation within that year. Each day a violation continues can also be charged as a separate offense. The ordinance traces to former Section 4206 of the prior code.

Violations & Fines

A first offense is typically charged as an infraction under Section 1.12.010(C): up to $100, rising to $200 for a second violation and $500 for each further violation within a year. Prosecutors may instead file the conduct as a misdemeanor under Section 1.12.010(B), carrying a fine up to $1,000, up to six months in county jail, or both. Montebello police officers cite violations observed on city streets and in public places.

Frequently Asked Questions

Does Montebello allow drinking alcohol on sidewalks or in parking lots?
No. Municipal Code Section 9.04.010 prohibits drinking any intoxicating liquor 'in or upon any public street or public place within the city,' and that phrase covers sidewalks, parking lots, parks and any other public place, not just streets. The section carries no exception for casual outdoor drinking, so consuming alcohol in any of these locations violates the ordinance.
What happens if I'm cited for drinking in public in Montebello?
Most citations are written as infractions under Section 1.12.010(C), starting at a fine of up to $100 for a first offense and rising to $200 for a second violation of the same section within a year and $500 for each violation after that. The city attorney can instead charge the conduct as a misdemeanor under Section 1.12.010(B), allowing a fine up to $1,000, up to six months in jail, or both.
Are there exceptions for permitted street festivals or events in Montebello?
Section 9.04.010 itself contains no event exception; it bans public drinking outright. Any relief for a licensed festival or beer garden would have to come from a separate permit issued under a different part of the code, not from the drinking-in-public section, which reads as an absolute, unqualified prohibition on drinking liquor in any public street or place.

Sources & Official References

Other rules in Montebello

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