Chicopee, MA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Rule
- No open container on public streets, sidewalks, public ways or city grounds
- First offense
- $50 fine
- Second offense
- $100 fine
- Third or later
- Possible suspension or revocation
- Arrest
- Subject to arrest under MGL c. 272, § 59
- Exception
- Licensed festivals with written approval, to the extent of the license
Summary
In the City of Chicopee, Massachusetts, it is unlawful to possess, consume from or transport an open container of alcoholic beverages on any public street, sidewalk, public way, city-owned grounds or place open to the public. The fine is $50 for a first offense and $100 for a second, with possible suspension or revocation after that.
It shall be unlawful for any person to possess, consume from and/or transport an open container of alcoholic beverages on any public street, public sidewalk or public way or on any grounds owned by the City or any place to which the public has right of access as invitees within the limits of the City; except that this section shall not apply at the events or festivals duly licensed by the License Commission of the City and approved in writing by the board, commission, department or official of the City having the care and custody of the premises so licensed, to the extent of such license and approval.[1] ... The fine is established at $50 for the first offense; $100 for the second offense; and possible suspension or revocation for a third or subsequent offense. Violators are subject to arrest under MGL c. 272, § 59.
Full Breakdown
Chapter 109, Article I of the Code of the City of Chicopee carries one conduct rule, § 109-1, titled "Possession restricted" and amended 9-23-1980. It began as Sec. 51/I/9 of the 1976 Code. The section names three separate acts: possessing an open container, consuming from one, and transporting one. A container carried along a sidewalk is covered as plainly as one being drunk on a park bench.
The covered places are listed in the section: any public street, public sidewalk or public way; any grounds owned by the City; and any place to which the public has right of access as invitees within the limits of the City. The last phrase reaches locations that are not city property but are open to the public, so the rule is wider than streets and parks.
The section writes in one exception. It does not apply at events or festivals duly licensed by the License Commission of the City and approved in writing by the board, commission, department or official of the City having the care and custody of the premises so licensed. Both pieces are needed: the License Commission license and the written approval from whoever controls the premises. Even then the exception runs only "to the extent of such license and approval," so it is limited by what the license and the approval actually cover.
Section 109-2 sets the penalty ladder. The fine is established at $50 for the first offense and $100 for the second offense, with possible suspension or revocation for a third or subsequent offense. The section also states that violators are subject to arrest under MGL c. 272, § 59, so the local fine sits alongside the state arrest power rather than replacing it. The penalty section was amended 11-20-1984 and again 2-15-2000 by Ord. No. 00-16.
The chapter once held separate sections on kegs and on the sale of liquor, added in 1991 and 1996. The editor's note in the Code records that those sections were repealed 3-21-2000 by Ord. No. 00-32, leaving § 109-1 as the operative open-container rule in Chicopee.
Violations & Fines
A first offense carries a $50 fine and a second offense carries $100. A third or subsequent offense carries possible suspension or revocation; the section does not name what is suspended or revoked. Violators are also subject to arrest under MGL c. 272, § 59. The section prints one penalty ladder for all three acts of possessing, consuming from and transporting an open container.
Frequently Asked Questions
Can I walk down a Chicopee sidewalk with an open beer?
Does the rule apply in Chicopee parks and other city property?
Is there an exception for festivals in Chicopee?
What is the fine for an open container in Chicopee?
Sources & Official References
Other rules in Chicopee
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