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Cheektowaga, NY Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
Cheektowaga Code § 174-13
Under-21 rule
No open container anywhere in any park
Adult exception
21+ picnicking at Town Park or Stiglmeier Park only
Penalty
Up to $200 fine or 90 days jail
Adopted
Added to code July 7, 1986

Summary

Cheektowaga's Parks Ordinance bars consuming alcohol or holding an open container meant for drinking anywhere inside a Town park or park approach. Anyone under 21 is barred outright; adults 21 and older may drink only while picnicking at Town Park or John C. Stiglmeier Park during regular hours.

A. No person under the age of 21 years shall consume any alcoholic beverage or have in his possession any open container containing an alcoholic beverage, with the intent to consume the same, within the limits of any park or park approach. B. No person shall consume any alcoholic beverage or have in his possession any open container containing an alcoholic beverage, with the intent to consume the same, within the limits of any park or park approach; except that this prohibition shall not apply to persons over the age of 21 years picnicking in Town Park or John C. Stiglmeier Park during regular park hours. ... § 174-19. Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be guilty of an offense and shall be subject to the payment of a fine not exceeding $200 or to imprisonment for a period not exceeding 90 days, or both.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Chapter 174, Article I of the Town Code (added July 7, 1986) splits the ban into two parts. Section 174-13(A) makes it unlawful for anyone under 21 to consume or possess an open container of alcohol "with the intent to consume the same" anywhere within the limits of any Town park or park approach, with no exceptions. Section 174-13(B) extends the same prohibition to adults, then carves out one narrow exception: people over 21 picnicking specifically in Town Park or John C. Stiglmeier Park during regular park hours may drink.

Every other park in the Town's system, and every other time or activity at those two parks, remains dry. The rule sits alongside other Chapter 174 park conduct rules, including restrictions on swimming, skating, fires and vehicle speed, and is backed by the Chief of Police's general discretion to prioritize enforcement of park rules under § 174-21(E). Violations of Article I, including § 174-13, are prosecuted as an offense under § 174-19.

Violations & Fines

Under § 174-19, violating any Article I park provision, including the alcohol restriction, is an offense punishable by a fine not exceeding $200, imprisonment not exceeding 90 days, or both. Park personnel and police may also remove violators from the premises under the Chapter's general enforcement authority.

Frequently Asked Questions

Can adults drink beer at a picnic in a Cheektowaga park?
Only at Town Park or John C. Stiglmeier Park, only during regular park hours, and only if everyone drinking is 21 or older. Section 174-13(B) makes that the sole exception; every other Cheektowaga park stays dry for adults and minors alike.
Is it illegal for a minor to just carry an open can of beer in a Cheektowaga park?
Yes. Section 174-13(A) bars anyone under 21 from possessing an open container meant for consumption anywhere within a park or park approach, regardless of whether they are actually drinking from it at that moment.
What's the penalty for drinking alcohol in a Cheektowaga park where it's banned?
Section 174-19 makes any Article I violation, including the alcohol restriction, an offense carrying a fine of up to $200, up to 90 days in jail, or both, on conviction.

Sources & Official References

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