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Norfolk, VA Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Public intoxication (1st-2nd)
Class 4 misdemeanor
Public intoxication (3rd+/yr)
Class 3 misdemeanor
Open container in parks/streets
Class 3 misdemeanor
Event exception
City manager may permit via special-events permit
Governing section
Norfolk Code § 29-17
Latest amendment
Ord. No. 45,115, May 21, 2013

Summary

Norfolk Code § 29-17 makes public intoxication a Class 4 misdemeanor, rising to a Class 3 misdemeanor on a third conviction within one year, and separately bans carrying an open beer or wine container in public parks, playgrounds, and streets. The city manager can waive the open-container ban for a specific special-events permit.

(a) If any person be intoxicated in public, he shall be deemed guilty of a Class 4 misdemeanor. (b) If any person shall be convicted for being intoxicated in public three (3) times within one year in this city, upon the third or any subsequent conviction for such offense within the period of one year, such person shall be guilty of a Class 3 misdemeanor. (c) It shall be unlawful for any person to possess any open alcoholic beverage containers in the public parks, playgrounds or public streets in the city. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor. (d) Notwithstanding the above or anything to the contrary elsewhere within this Code, the City Manager or his designee, in connection with a specific event and as part of a special events permit, may allow possession of open beer or wine beverage containers during the course of and within the confined area of that event.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 166).

Full Breakdown

Section 29-17 covers two distinct offenses. Subsection (a) makes it a Class 4 misdemeanor for any person to be intoxicated in public anywhere in Norfolk. Subsection (b) escalates the penalty for repeat offenders: a third conviction for public intoxication within one year, and any conviction after that within the same one-year window, is a Class 3 misdemeanor instead of a Class 4. Subsection (c) is a separate open-container rule: it is unlawful to possess an open alcoholic beverage container in the city's public parks, playgrounds, or public streets, and a violation of that subsection is also a Class 3 misdemeanor.

Subsection (d) carves out a narrow exception for organized events: the city manager or a designee may permit possession of open beer or wine containers within the confined area of a specific event, but only as part of a special events permit, and only for the duration and footprint of that event. The ordinance traces back to § 31-99 of the 1958 Code and has been amended four times since, most recently by Ord. No. 45,115 on May 21, 2013, which is the source of the special-events carve-out in subsection (d).

The section cross-references related rules elsewhere in the code: dance-hall operators may not permit intoxicated patrons on the premises (§ 5-25), driving under the influence is separately charged under § 25-251, and intoxication on park property specifically is also addressed at §§ 30-74 and 30-271.

Violations & Fines

First and second public-intoxication convictions within a year are Class 4 misdemeanors; a third or later conviction in that same year jumps to a Class 3 misdemeanor. Carrying an open beer, wine, or liquor container in a park, playground, or public street is a Class 3 misdemeanor regardless of intoxication.

Frequently Asked Questions

Can I carry an open beer on a Norfolk street?
No. Norfolk Code § 29-17(c) bans possessing an open alcoholic beverage container in public parks, playgrounds, and public streets, and a violation is a Class 3 misdemeanor. The ban applies regardless of whether the person carrying it is actually intoxicated.
What is the penalty for public intoxication in Norfolk?
Being intoxicated in public is a Class 4 misdemeanor under § 29-17(a). If the same person is convicted a third time for public intoxication within one year, that third conviction, and any later one in the same year, is instead charged as a Class 3 misdemeanor under § 29-17(b).
Are open containers ever allowed at Norfolk events?
Yes. Under § 29-17(d), the city manager or a designee can allow open beer or wine containers within the confined area of a specific event, but only as part of an approved special events permit covering that event's footprint and duration, not as a general exception.
Does the open container ban apply to liquor as well as beer and wine?
Subsection (c) bans any open alcoholic beverage container in parks, playgrounds, and public streets without limiting the ban to beer or wine; the narrower exception in subsection (d) for permitted events covers only open beer or wine containers, not liquor.

Sources & Official References

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