Hamburg Village, NY Public Conduct: Public Alcohol Use (2026)

Chapter 105 of the Code of the Village of Hamburg, adopted by the Board of Trustees on 7-20-1970, bans drinking in public places across the whole village. Section 105-2A makes it unlawful to consume an intoxicating beverage, or to possess an open bottle or container with intent to consume, on or in any street or private road, bridge, alley, park, garden, parking lot, athletic field, playground, sidewalk, driveway, or any moving, standing or parked vehicle.

Section 105-1 defines an open container as any bottle, can or container holding liquor, beer, wine or other alcoholic beverage as the New York Alcoholic Beverage Control Law defines it. Intent to consume covers four situations: drinking from the container, possession with movement of the container to the mouth, possession with alcohol on the breath, and any circumstances evidencing an intent to ultimately consume on any public lands without permission.

The vehicle rule reaches every passenger. An open bottle or open container in any vehicle is presumptive evidence that all the occupants possess it with intent to consume, and in violation of the chapter.

Section 105-2B carves out one exception. Consumption in a park is allowed during the actual conduct of a carnival, lawn fete or similar activity run by a veterans' organization, volunteer fire department, charitable organization or similar organization, but only when the activity has the express consent of the Board of Trustees by resolution duly adopted. The chapter's general references point readers to Chapter 167 for parks and recreation areas. This is a rule of the Village of Hamburg; the surrounding Town of Hamburg has its own separate code.