Clarkstown, NY Public Conduct: Public Alcohol Use (2026)
Key Facts
- First offense fine
- up to $1,000
- Second offense (18 mo.)
- $2,500-$5,000
- Third offense (18 mo.)
- $5,000-$7,500
- Covers
- streets, sidewalks, parks, Town Hall grounds
- DWI exception
- VTL § 1227 stops excluded
- Adopted
- 8-20-2013 by L.L. No. 6-2013
Summary
Clarkstown bars anyone from possessing an open, unsealed alcohol container on public land under circumstances showing intent to drink it, and separately bars drinking alcohol outright on any street, sidewalk, park or Town building grounds. Fines climb to $7,500 for repeat violations under Town Code Chapter 93, Article I, unless the Town Board has passed a resolution allowing it.
§ 93-3. Prohibited acts.
A. Unless the Town Board shall have expressly granted permission by resolution, no person shall have, possess or control any open or unsealed container of an alcoholic beverage on public lands under circumstances showing or evincing an intent to consume, by himself, herself or others, the contents of said container on such public land.
B. Unless the Town Board shall have expressly granted permission by resolution, no person shall consume an alcoholic beverage on public lands.
Full Breakdown
L. No. § 93-3 splits the prohibition in two: Subsection A bans possessing an open or unsealed container of alcohol on public lands under circumstances showing intent to consume it there, while Subsection B independently bans the act of actually consuming alcohol on public lands. § 93-4 carves out one narrow exception: the chapter does not apply to a person already charged under Vehicle and Traffic Law § 1227 (driving while ability impaired), so a DWI stop is not double-penalized under this local law. Enforcement falls to Town code enforcement and police, and § 93-5 sets escalating fines rather than a flat penalty, treating each day of a continuing violation as a separate offense.
Violations & Fines
A first violation of § 93-3 carries a fine of up to $1,000. A second offense within 18 months of the first conviction jumps to a fine of $2,500 to $5,000, and a third offense within 18 months of the second conviction runs $5,000 to $7,500. Each day a violation continues counts as a separate, distinct offense under § 93-5.
Frequently Asked Questions
Can I bring a beer to a picnic at a Clarkstown park?
What exactly counts as "public land" under this ban?
How much can a repeat open-container violation cost in Clarkstown?
Sources & Official References
Other rules in Clarkstown
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