Framingham, MA Public Conduct: Public Alcohol Use (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?
Is there any exception for public events in Framingham?
What happens to alcohol police seize under this ordinance?
What's the fine for drinking in public in Framingham?
Sources & Official References
Other rules in Framingham
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