Hackensack, NJ Public Conduct: Public Alcohol Use (2026)

Chapter 119, Article VI, adopted in 1985 by Ord. No. 20-85, bars anyone from consuming or attempting to consume an alcoholic beverage, in or out of its original container, while on a public street, sidewalk, park, parking place, playground, recreation area or other public or quasi-public place, or in a private motor vehicle parked or moving in a public place, unless the person has permission from whoever controls the private space involved. Section 119-18(B) separately bars being intoxicated, drunk or disorderly in a public omnibus, street, sidewalk, store or restaurant to another person's annoyance, and (C) bars discarding alcoholic beverage containers on any public street, sidewalk, parking lot, roadway, pathway, playground, park or other public property at any hour.

In deciding whether an unlawful act occurred, a court may weigh factors including whether the defendant is within arm's length of the alcohol, creating a rebuttable presumption of intent to consume, and whether the container is open or partially consumed. Section 119-19 lets the Mayor and Council issue a special permit allowing possession or consumption of alcohol in a designated park or public place for a specific special event, on written request describing the event's nature, location, time and sponsor.