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Odessa, TX Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
Code of Ordinances § 1-13-51 (parks)
Covered areas
City parks plus adjacent streets, alleys, lots
Open container
Broken-seal bottle, can, cup, mug, flask
Max fine
$500 per day under § 1-1-9
Possession test
Proximity alone counts as possession

Summary

Drinking alcohol is illegal in any Odessa public park and on the streets, alleys, or parking lots that border it. Just being near an open container of alcohol counts as proof of consumption, whether or not you're holding it.

It shall be unlawful for any person to consume any alcoholic beverage (as defined in section 1.04(1), V.T.C.S. Alcoholic Beverage Code) while in any of the public parks listed in section 1-13-53 and in a public street, public alley, or public parking lot which is adjacent to the parks described in section 1-13-53.

View official code

Full Breakdown

Odessa Code of Ordinances § 1-13-51 bans consuming any alcoholic beverage inside the city's public parks and on the public streets, alleys, or parking lots adjacent to those parks. Section 1-13-52 defines an open container as any bottle, can, cup, mug, glass, thermos, or flask holding alcohol with the seal broken, and treats simply possessing one, meaning being in close proximity to it, not just holding it, as prima facie evidence that consumption occurred. The rule applies only to the specific parks and adjoining rights-of-way named and mapped in § 1-13-53, not to streets or sidewalks citywide.

Violations & Fines

Violating § 1-13-51 or § 1-13-52 is a fine-only offense; under the code's general penalty clause, § 1-1-9(a), it's punishable by up to $500, with each day a separate violation.

Frequently Asked Questions

Can I drink a beer while walking through an Odessa park?
No. Section 1-13-51 makes it unlawful to consume any alcoholic beverage inside the city's listed public parks or on the streets, alleys, and lots next to them.
Do I have to be actively drinking to get cited?
No. Under § 1-13-52, simply being near an open, seal-broken container of alcohol counts as prima facie evidence you consumed it, even without physical possession.
Does this ban apply anywhere else in Odessa besides parks?
No, § 1-13-51 only covers the specific parks named in § 1-13-53 and their adjacent public streets, alleys, and parking lots, not the whole city.

Sources & Official References

Other rules in Odessa

Loud Party OrdinanceSignificant RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Loading ZonesSome RestrictionsFence Regulations: Material RestrictionsSome RestrictionsFence Regulations: Retaining WallsSome RestrictionsAnimal Ordinances: Mandatory Spay/NeuterHeavy Restrictions

All Odessa rules

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