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North Hempstead, NY Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No, unless it's in a concession or picnic area the Commissioner has designated for alcohol under § 39-16. Chapter 44's § 44-3A separately bans consuming any alcoholic beverage in any public place Town-wide.
Is it illegal just to carry an open beer can in North Hempstead?
Yes. Section 44-3B bars possessing an open or unsealed alcohol container in any public place for the purpose of consuming it, and § 44-5 makes mere possession of an open container on public land presumptive evidence of that intent.
What's the fine for open container violations?
Section 44-6 sets a first offense at $50 to $250, a second offense within three years at $100 to $500, and a third offense at $200 to $750 or up to 15 days in jail.
Are there any exceptions to the open container law?
Yes. Section 44-4 exempts consumption or possession authorized by a state license or permit and Town regulations, or at a gathering or function the appropriate Town board, agency or commission has previously approved.

Sources & Official References

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