Brookhaven, GA Curfew Laws: Park Curfew (2026)
Key Facts
- Parks and greenspaces
- Open daily, dawn to dusk, local time
- Peachtree Creek Greenway
- 6:00 a.m. until 11:00 p.m. each day
- Overnight use
- Unlawful in parks and on the Greenway
- After-hours entry
- Requires a use permit
- Older rule, § 19-19
- Opens 7:00 a.m., closes at sunset; lit parks 11:00 p.m.
- Penalty
- Fine up to $1,000.00 or up to six months in jail
- Enforcement
- Citation to the Municipal Court of the City of Brookhaven
Summary
In the City of Brookhaven, Georgia, parks and greenspaces are open daily from dawn to dusk, local time. Brookhaven Code § 16-36(c)(1) makes it unlawful to enter or remain in a park at any other time without a use permit, and overnight use is unlawful. The Peachtree Creek Greenway keeps longer hours, 6:00 a.m. until 11:00 p.m. each day.
(1)Hours of operation for parks and greenspaces. Parks and greenspaces shall be open to the public daily from dawn to dusk, local time. It shall be unlawful for any person to enter or remain in a park at any other time without a use permit, except when the park area or facility is otherwise designated by the council. Overnight use shall be unlawful.(2)Hours of operation for the Peachtree Creek Greenway. The Peachtree Creek Greenway shall be open from 6:00 a.m. until 11:00 p.m. each day. Overnight use shall be unlawful. ... (d)[Enforcement.]The Brookhaven Police Department, the DeKalb County Sheriff's Department, the DeKalb County Police Department and any other sworn law enforcement agency or employee of any of the enumerated agencies or other agency shall be empowered to enforce this section by citation to the Municipal Court of the City of Brookhaven, where upon conviction such person may be punished as the court directs pursuant to section 1-11 of this Code.
Full Breakdown
Section 16-36 of the Brookhaven Code sets the rules for use and conduct on and in city parks, trails and greenspace, and subsection (c)(1) fixes the hours. Parks and greenspaces are open to the public daily from dawn to dusk, local time. Entering or remaining in a park at any other time is unlawful without a use permit, unless the council has otherwise designated the park area or facility. Overnight use is unlawful. The Peachtree Creek Greenway has its own schedule under subsection (c)(2): open from 6:00 a.m. until 11:00 p.m. each day, with overnight use unlawful.
Chapter 19 of the Code carries an older hours rule for parks and recreation facilities. Section 19-19 says facilities open at 7:00 a.m. and close at sunset, except that parks containing lighting for night use close at 11:00 p.m. Only illuminated areas in use at night count as open, closing signs must be conspicuously posted, and any deviation from those times must be approved in writing by the city. Section 16-36 was last amended by Ord. No. 2025-06-04 on 6-10-2025, while § 19-19 dates from Ord. No. 2014-12-08, so § 16-36 is the later of the two printed rules.
Other conduct rules in § 16-36(c) apply during open hours. Alcohol in a park requires a special permit issued by the city, food can be sold only by special permit, tents, canopies, tarpaulins and other temporary shelters need a special permit, and open fires, smokers and grills are limited to permanent installations. Pets must be on a leash of no more than six feet. Rules the council adopts by resolution under subsection (e) are not a basis for citation, but a violation gives an officer good and sufficient justification to make a reasonable inquiry.
Violations & Fines
The Brookhaven Police Department and the other agencies named in § 16-36(d) enforce the hours by citation to the Municipal Court of the City of Brookhaven. On conviction the court punishes as § 1-11 directs: a fine not exceeding $1,000.00 or imprisonment in jail not to exceed six months, or both, unless the Code or state law provides otherwise. Under § 1-11(c)(4), each day a continuing violation persists is a separate offense. An unpaid fine also bars the city from accepting permit or license applications that relate to the person who owes it.
Frequently Asked Questions
What time do Brookhaven city parks close?
What are the hours on the Peachtree Creek Greenway?
Can anyone be in a Brookhaven park after hours with a permit?
What is the penalty for staying in a Brookhaven park after closing?
Sources & Official References
Other rules in Brookhaven
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