North Hempstead, NY Public Conduct: Public Alcohol Use (2026)
Key Facts
- Adopted
- 1985 (L.L. No. 6-1985)
- First-offense fine
- $50 to $250 (§44-6A)
- Third-offense penalty
- up to $750 or 15 days jail (§44-6C)
- Open container presumption
- possession = intent to consume (§44-5)
- Exception
- licensed/approved gatherings (§44-4)
Summary
North Hempstead's Chapter 44 bans consuming alcohol in any public place Town-wide and separately bans carrying an open or unsealed container with intent to drink it. Just possessing an open container on public land is presumptive evidence of that intent, and fines run $50 to $750 across repeat offenses.
It shall be a violation of this local law for any person to: A. Consume any alcoholic beverage in any public place within the town. B. Have in his possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Adopted in 1985 as Local Law No. 6, Chapter 44 declares in § 44-1 that open-container possession leads to public intoxication, disorderly conduct and property damage, and sets out to curb both drinking and carrying alcohol in public. Section 44-3 splits the ban into two parts: consuming any alcoholic beverage in any public place, and possessing an open or unsealed container in a public place for the purpose of consuming it yourself or letting someone else drink it. Section 44-5 backs the possession ban with a rebuttable presumption: simply holding an open or unsealed alcohol container on public land, defined to include public highways, sidewalks, parks, playgrounds and public buildings, is presumptive evidence that the person intends to consume its contents.
Section 44-4 carves out an exception for consumption or possession authorized under a state license or permit and Town regulations, or at a gathering or function the appropriate Town board, agency or commission has already approved. The chapter cross-references § 39-16, which confines alcohol in Town parks and on beaches to concession and picnic areas the Parks Commissioner designates.
Violations & Fines
Section 44-6 fines a first offense $50 to $250; a second offense within three years, $100 to $500; and a third or subsequent offense within three years, $200 to $750 or up to 15 days in jail, or both.
Frequently Asked Questions
Can I drink a beer in a North Hempstead park?
Is it illegal just to carry an open beer can in North Hempstead?
What's the fine for open container violations?
Are there any exceptions to the open container law?
Sources & Official References
Other rules in North Hempstead
New York rules heatmap·Compare North Hempstead to another location·View the New York public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.