Bergenfield, NJ Public Conduct: Public Alcohol Use (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?
Is it illegal to have an open bottle in my parked car in Bergenfield?
How do I get permission to drink alcohol at an outdoor event in Bergenfield?
What happens if a minor is caught with alcohol in a Bergenfield park?
Sources & Official References
Other rules in Bergenfield
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