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Framingham, MA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Governing section
City Code § 198-4
Adopted
January 5, 2021 (amended April 30, 2024)
First-offense fine
$25 under § 1-2
Repeat-offense fine
Up to $300 under § 1-2
Enforcing agency
Framingham Police Department
Event exception
Board of License Commissioners license, MGL c. 138 § 15F

Summary

Framingham bans drinking any alcoholic beverage on public ways, in parks and playgrounds, and in any place the public can access, under City Code § 198-4. Police can seize alcohol used in violation and hold it until the case is resolved. The only exception: a Board of License Commissioners-approved vendor may sample and sell wine and beer at a licensed City event under MGL c. 138, § 15F.

the penalty for the violation of any provision of these ordinances, or any rule or regulation of the City, shall be as follows: (1) First offense: $25. ... (4) Each subsequent offense: $300. ... No person shall drink any alcoholic beverages as defined in Chapter 138, Section 1, of the Massachusetts General Laws while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof except that the sampling and sale of wine and beer during an event held on City property is permitted if the vendor is duly licensed for such event by the Board of License Commissioners and in accordance with the applicable provisions of state law, including MGL c. 138, § 15F. All alcoholic beverages being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.

Full Breakdown

Adopted January 5, 2021 as part of the City's consolidated General Ordinances and amended April 30, 2024, City Code § 198-4 makes it unlawful to drink any alcoholic beverage, as defined by MGL c. 138, § 1, on any public way, any way the public has a right to access, any place the public can enter as an invitee or licensee, in a park or playground, or on private land without the owner's consent. The ban covers open containers as well as active drinking anywhere in the city, not just downtown or near Framingham State University.

The sole carve-out lets a vendor sample and sell wine and beer at an event on City property when the Board of License Commissioners, the city's liquor licensing authority under MGL c. 138, has issued a license for that specific event under MGL c. 138, § 15F. Officers who catch someone drinking in violation must seize the alcohol and hold it in safekeeping until the underlying charge is finally adjudicated in court, at which point it goes back to whoever is legally entitled to it, not necessarily the person cited.

Chapter 198 sets no separate dollar fine of its own, so a violation falls under the City's default ordinance penalty in § 1-2: $25 for a first offense, $100 for a second, $200 for a third, and $300 for every offense after that. The City may instead resolve a case through noncriminal disposition under MGL c. 40, § 21D, as § 1-3 allows, with the Mayor or a designee enforcing it. Framingham Police handle enforcement on the street, while the Board of License Commissioners oversees the narrow event exception and any related licensing conditions.

Violations & Fines

Chapter 198 carries no fine of its own; a violation defaults to the City's standard ordinance penalty in § 1-2, escalating from $25 for a first offense to $100, $200, and $300 for later ones. Beyond the fine, § 198-4 requires police to seize any alcohol found in violation and hold it until the charge is finally decided in court, returning it afterward to whoever is entitled to lawful possession, win or lose.

Frequently Asked Questions

Can I drink a beer in a Framingham park?
No. City Code § 198-4 bans drinking any alcoholic beverage in any park, playground, public way, or place the public can access without the owner's consent. Police can seize the alcohol on the spot and hold it until the case is resolved, and a violation falls under the City's default fine schedule in § 1-2, starting at $25 for a first offense.
Is there any exception for public events in Framingham?
Yes. A vendor with a Board of License Commissioners license may sample and sell wine and beer at an event held on City property, under MGL c. 138, § 15F. Outside a licensed event, the ban applies citywide, on public ways, in parks and playgrounds, and on private land without the owner's consent.
What happens to alcohol police seize under this ordinance?
Section 198-4 requires it be safely held until the court finally decides the underlying charge, then returned to whoever is entitled to lawful possession, which is not automatically the person who was cited. The seizure applies regardless of whether the case ends in a conviction or a dismissal.
What's the fine for drinking in public in Framingham?
Chapter 198 sets no fine of its own, so the City's default ordinance schedule in § 1-2 applies: $25 for a first offense, $100 for a second, $200 for a third, and $300 for every offense after that, with each day of a continuing violation potentially treated as a separate offense.

Sources & Official References

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