Boston, MA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Citation
- Boston Code § 16-12.28
- Fine
- up to $200, §16-32.2
- Covers
- drinking + open containers, full or partial
- Locations covered
- public ways, parks, private land without consent
- Enforcement
- Boston Police Department
Summary
Boston Code § 16-12.28 makes it unlawful to drink alcohol or carry an open container, full or partial, on any public way, in any place the public may access, in parks, playgrounds, conservation or recreation areas, or on private land without the owner's consent. Violators face a fine up to $200 under § 16-32.2.
No person shall drink any alcoholic beverage as defined in M.G.L. Chapter 138, Section 1, or possess an open container, full or partially full, of any alcoholic beverages, while on, in or upon any public way, upon any way to which the public has right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area, on private land or place without consent of the owner or person in control thereof.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
L. Chapter 138, Section 1, across a wide sweep of locations, public ways, any way the public has a right to access, any place the public may enter as invitees or licensees, parks, playgrounds, conservation and recreation areas, and even private land where the owner hasn't consented. 2, separate from the Chapter's general $20-$50 catch-all fines. L. L. L. Chapter 40, Section 21D.
Violations & Fines
A violation of the public-drinking ban itself, § 16-12.28, carries a fine not exceeding $200 under § 16-32.2. Boston Police enforce the Section citywide; related violations in the same subdivision carry their own separate penalties, including a $50 fine on a parent or guardian for a minor's willful violation under § 16-12.31A.
Frequently Asked Questions
Can you drink alcohol on the street in Boston?
Does Boston's open container law cover private property?
What happens if a minor's parent lets them drink in public in Boston?
Sources & Official References
Other rules in Boston
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Public Alcohol Use in Nearby Cities
How other cities in this county handle public alcohol use.