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Bergenfield, NJ Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing sections
§ 87-9 (public places), § 87-10 (vehicles)
Maximum fine (adult)
$500 per offense
Maximum jail term
30 days in county jail
Underage first offense
$250, rising to $350 for repeats
Permit exception
Special permit from Borough Clerk
Adopted
Ordinance No. 1149, June 17, 1980

Summary

Bergenfield prohibits drinking or carrying an open container of alcohol on any public street, sidewalk, park, playground, or shopping plaza at any hour, and the same ban extends to any car parked or driving in the Borough. A special permit from the Borough Clerk is the only way around it, and violators face fines up to $500 or 30 days in county jail.

No person shall consume alcoholic beverages, as the some is defined in Title 33 of the New Jersey Statutes, or have in his or her possession, custody or control any open container having therein unconsumed alcoholic beverage in, on or upon any of the public streets, sidewalks, parks, alleyways, recreation areas which are open to the public at large, whether publicly or privately owned, or roadways, pathways, playgrounds, outdoor facilities or shopping plazas at any hour of the day or night unless said person has obtained a special permit as provided herein. ... Any person or entity who shall violate any provision of this article, as amended, shall be subject to a fine not to exceed the sum of $500 for each offense and/or incarceration in the county jail for a period of not more than 30 days for each offense at the discretion of the court before whom the matter is heard.

Full Breakdown

Bergenfield's open-container law sits in Chapter 87, Article II, "Consumption in Public," adopted by Ordinance No. 1149 in 1980. Section 87-9 forbids consuming alcohol, or possessing any open container with unconsumed alcohol in it, on public streets, sidewalks, parks, alleyways, recreation areas open to the public (public or private), roadways, pathways, playgrounds, outdoor facilities, or shopping plazas, at any hour of the day or night. Section 87-10 extends the same ban to automobiles, whether parked or in motion, on Borough streets, parking lots open to the public, Board of Education properties, parks, and shopping plazas; a sealed container locked in the trunk or a separate storage area is the only exception.

Neither section applies to alcohol lawfully in transit under federal or state authority, or carried in a closed container not readily accessible for drinking. Section 87-11 lets the Borough Clerk issue a special permit, on the recommendation of the Police Chief, allowing supervised public drinking at designated events; the permit must specify the hours, the exact location, and cleanup and container-disposal terms so minors cannot get at leftover alcohol. Article IV, adopted in 2000, layers a parallel, harsher scheme onto underage drinkers: Section 87-16 bars anyone under 21 from possessing or consuming alcohol in the same public places, in a car, or on private property without the owner's permission, and Section 87-19 sets escalating fines of $250 for a first offense and $350 for repeat offenses, plus a possible six-month license suspension reported to the Division of Motor Vehicles.

Violations & Fines

Violating Section 87-9 or 87-10 is enforced by the Bergenfield Police Department, and Section 87-12, last amended in 1997, sets the penalty at a fine of up to $500 per offense, up to 30 days in the county jail, or both, at the sentencing judge's discretion. Underage offenders instead fall under Section 87-19: a $250 fine for a first offense, $350 for any later offense, community service, mandatory alcohol treatment referral, and a discretionary six-month driver's license suspension.

Frequently Asked Questions

Can I carry a beer in a paper bag on a Bergenfield sidewalk?
No. Section 87-9 bans possessing any open container with unconsumed alcohol on public streets, sidewalks, parks, and similar public areas at any hour, regardless of whether the bottle is bagged; only a closed container that is not readily accessible to drink from is exempt, and even that exception is narrow.
Is it illegal to have an open bottle in my parked car in Bergenfield?
Yes. Section 87-10 applies the same open-container ban to any automobile, moving or parked, on public streets, parking lots, and other Borough thoroughfares. The only way to legally transport an open container is locked in the trunk or another enclosed storage area.
How do I get permission to drink alcohol at an outdoor event in Bergenfield?
Apply to the Borough Clerk under Section 87-11. The Clerk issues special permits on the Police Chief's recommendation, and each permit fixes the hours, the exact area covered, and cleanup and container-disposal terms meant to keep alcohol away from underage attendees.
What happens if a minor is caught with alcohol in a Bergenfield park?
Section 87-16 makes it unlawful for anyone under the legal drinking age to possess or consume alcohol in public places, cars, or on private property without the owner's consent. Section 87-19 penalizes a first offense with a $250 fine and possible community service, rising to $350 for later offenses, plus a discretionary license suspension.

Sources & Official References

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