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Brookhaven, GA Curfew Laws: Park Curfew (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Under § 16-36(c)(1), parks and greenspaces are open daily from dawn to dusk, local time, and overnight use is unlawful. Section 19-19 separately prints a 7:00 a.m. opening, a sunset closing and an 11:00 p.m. closing for parks with lighting for night use. Section 19-19 requires closing signs to be conspicuously posted at each facility, so read the sign at the park you plan to visit.
What are the hours on the Peachtree Creek Greenway?
The Peachtree Creek Greenway is open from 6:00 a.m. until 11:00 p.m. each day under § 16-36(c)(2). Overnight use is unlawful. That is a separate schedule from the dawn to dusk rule that applies to the city's parks and greenspaces, and the Brookhaven Police Department is among the agencies empowered to enforce it by citation.
Can anyone be in a Brookhaven park after hours with a permit?
Section 16-36(c)(1) makes after-hours presence unlawful without a use permit, so a use permit is the exception the Code recognizes. The council can also designate a park area or facility otherwise. Section 19-19 adds that any deviation from the posted hours must be approved in writing by the city. Alcohol, food sales and tents in a park each need their own special permit under § 16-36(c).
What is the penalty for staying in a Brookhaven park after closing?
A citation goes to the Municipal Court of the City of Brookhaven, and on conviction the court punishes under § 1-11: 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. The judge can probate or suspend part or all of a fine or jail time, or approve a payment plan.

Sources & Official References

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