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Fauquier County, VA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
Fauquier County Code § 16-6(16)
Prohibited act
Possess, consume, or be under influence
Applies to
All persons using county parks
Fine range
$50 to $1,000
Jail exposure
Up to 30 days
Exemptions
On-duty staff; director-waived training

Summary

In Fauquier County's parks and recreation areas, it is unlawful to possess or consume any alcoholic beverage, or to be under the influence of alcohol, under § 16-6(16) of the county code. The ban applies to every person using county park property, with violations enforceable under § 16-9.

These county ordinances apply to unincorporated areas of Fauquier County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person, firm, corporation or association using any park either to perform, or permit to be performed, any of the following acts: ... (16)Alcoholic beverages. Possess or consume any alcoholic beverage in any park or be under the influence of any alcoholic beverage. ... Any violation of section 16-5 (permits for solicitors and vendors); section 16-6 (prohibited conduct); section 16-7 (firearms, knives, weapons, fireworks and explosives); or section 16-8 (vehicles) shall be punishable by a fine of not less than fifty dollars ($50.00), nor more than one thousand dollars ($1,000.00) or imprisonment for a term not exceeding thirty (30) days, or by both such fine and imprisonment.

Full Breakdown

Section 16-6, the parks chapter's prohibited-conduct list, makes it unlawful for any person, firm, corporation or association using a county park to possess or consume any alcoholic beverage in the park, or to be under the influence of alcohol there. The rule sits among two dozen other prohibited acts in the same section, including drug possession, disorderly conduct and littering, all enforced by the parks and recreation department and deputy sheriffs patrolling park grounds. Unlike the state's general public intoxication statute, this is a park-specific possession and consumption ban that reaches sober possession of an open container, not just intoxication.

Section 16-10 exempts department employees acting within their job duties from § 16-6, and the director may waive the section for civic, educational, law enforcement or safety agencies conducting training on park property. Enforcement runs through § 16-9(b), which lumps § 16-6 violations together with violations of the solicitor-permit, firearms and fireworks, and vehicle-use sections of the same chapter for a single penalty range, and the director can additionally pursue injunction or abatement relief against a repeat violator under § 16-9(c).

Violations & Fines

Possessing or drinking alcohol in a Fauquier County park, or being visibly under its influence there, is punishable under § 16-9(b) by a fine of not less than $50 and not more than $1,000, imprisonment for up to thirty days, or both. The director may also seek an injunction or other abatement relief against continued violations under § 16-9(c).

Frequently Asked Questions

Can I drink a beer in a Fauquier County park?
No. Section 16-6(16) makes it unlawful to possess or consume any alcoholic beverage in a county park, or to be under its influence there, regardless of whether anyone is causing a disturbance. The ban covers simple possession of an open container.
What is the penalty for having alcohol in a Fauquier County park?
Under § 16-9(b), a violation of the prohibited-conduct section carries a fine of at least $50 and up to $1,000, imprisonment for up to thirty days, or both. The parks director can also seek injunctive relief against repeat violators.
Does the county park alcohol ban apply to private events?
Yes, unless the director has issued a waiver. Section 16-10 only exempts on-duty parks department employees and training conducted by public or private civic, educational, law enforcement or safety agencies with the director's approval; ordinary private gatherings must comply.

Sources & Official References

Other rules in Fauquier County

All Fauquier County rules

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