Tustin, CA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Tustin City Code § 6310
- Open container ban
- Parks, sidewalks, streets, public parking areas
- Exception
- ABC-licensed premises or permitted special events
- Enforcing agency
- Tustin Police Department
- First-offense fine
- Up to $100 (infraction)
Summary
In the City of Tustin, it is unlawful to drink any alcoholic beverage on a public street, sidewalk, alley or City-owned property, and unlawful to possess an open or partially consumed container of alcohol in a public park, sidewalk, street, building or public parking area. The Tustin Police Department enforces the ban.
6310 - DRINKING IN PUBLIC A.It shall be unlawful for any person to drink any alcoholic beverage on any public street, highway, sidewalk, alley, restroom or other property owned or maintained by the City.B.It shall be unlawful for any person while in any public park, public sidewalk, public street, public building, or any area designated for public parking, to consume or possess any alcoholic beverage in such a location, any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or contents of which has been partially removed.C.This Section shall not apply where the possession is within premises located in a park or other public place for which a license has been issued by the Department of Alcoholic Beverage Control, of for which a written permit has been issued for a special event by the Director of Community Development pursuant to established procedures and policies of the Community Development Department and upon written approval of the City Manager and Chief of Police.
Full Breakdown
Tustin City Code § 6310 makes it unlawful for any person to drink an alcoholic beverage on any public street, highway, sidewalk, alley, restroom, or other property owned or maintained by the City. A second clause goes further: while in a public park, on a public sidewalk, street, in a public building, or in any area designated for public parking, a person may not consume or possess an alcoholic beverage in an open container, one whose seal has been broken, or whose contents have been partially removed.
The rule reaches possession of an open container, not merely drinking, which lets officers cite someone carrying an unsealed can or bottle even without seeing them take a sip. An exception exists for premises within a park or public place that hold an Alcoholic Beverage Control license, or that have a special-event permit issued by the Director of Community Development with written approval of the City Manager and Chief of Police. The ordinance traces to Ord. No. 63 and was amended in 1981 and again in 2009 (Ord.
No. 1364). A related provision, Tustin City Code § 7112, separately bars alcohol in City parks and playgrounds except under a written permit issued by the Director of Community Services. Because no penalty is stated within § 6310 itself, a violation falls under the Code's general penalty provision, Tustin City Code § 1121, which classifies most Code violations as infractions for a first and second offense before escalating to a misdemeanor.
Violations & Fines
A first violation is an infraction carrying a fine of up to $100; a second violation of the same provision within a year is punishable by up to $200, and each additional violation within that year by up to $500 under the Code's general penalty schedule at § 1121. Repeat violations can be charged as a misdemeanor carrying up to $1,000 in fines or six months in County jail.
Frequently Asked Questions
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Sources & Official References
Other rules in Tustin
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