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

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

Key Facts

Governing section
City Code § 75-23
Covers
Streets, sidewalks, parks, parked cars
Max fine
$2,000 (§ 1-3 general penalty)
Max jail/community service
90 days
Exception
Council resolution for a specific event

Summary

Passaic bars drinking or possessing an unsealed alcoholic beverage on any street, sidewalk, park or other public place, and even inside a parked or moving car on public roads. Chapter 75, Article II makes it a citable offense under the City's general penalty, with narrow exceptions only by City Council resolution.

No person shall, within the limits of the City of Passaic, consume any alcoholic beverage or have in his possession any unsealed alcoholic beverage container with an alcoholic beverage therein or discard any alcoholic beverage container while: A. In or on a public street, lane, roadway, avenue, pathway, sidewalk, public parking place, whether publicly or privately owned, park, playground, recreation area or any other public or quasi-public place or in any public conveyance or upon any land owned or occupied by any federal, state, county or municipal government...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

City Code § 75-23 restricts consumption or possession of alcohol in public within the City of Passaic. It is unlawful to consume, possess an unsealed container of, or discard any alcoholic beverage container while on a public street, sidewalk, public parking place (public or private), park, playground, recreation area, public conveyance, or land owned by any federal, state, county or municipal government, including Board of Education outdoor facilities. The same restriction reaches vehicles: no drinking or unsealed-container possession in an automobile, whether moving or parked, on public streets, sidewalks, parking lots open to the public, roadways, school facilities, parks, or shopping plazas.

§ 75-24 lets the City Council permit public drinking at parks or other public areas by resolution, but only after a written request from the organization seeking it, and the resolution must specify the hours, location and any other conditions. A near-identical prohibition also appears at § 207-2 in the Peace and Good Order chapter, which separately exempts consumption at a block party for which the City has issued a permit.

Violations & Fines

Violating § 75-23 is enforced like any Code violation lacking its own penalty clause: under § 1-3, General Penalty, a conviction carries a fine up to $2,000, imprisonment up to 90 days, community service up to 90 days, or a combination, with each day of a continuing violation treated as a separate offense. Passaic Police issue summonses for open-container violations on streets, sidewalks and parked vehicles citywide.

Frequently Asked Questions

Can I drink alcohol in a parked car in Passaic?
No. § 75-23(B) bans consuming or possessing an unsealed alcoholic beverage container in any automobile, whether moving or parked, on public streets, sidewalks, parking lots open to the public, roadways, parks or shopping plazas in Passaic.
Is there any way to legally drink at a Passaic park event?
Yes. § 75-24 lets the City Council permit alcohol at public parks or other public areas for good cause, but only after a written request from the sponsoring organization and only within the hours and location the Council's resolution specifies.
What counts as an 'unsealed' container under Passaic's ordinance?
Per § 75-22, a container is unsealed once its top or cork is removed, its contents have been removed, its tax stamp is broken or removed, or, for a twist-top can or bottle, once the original seal has been broken.
What is the penalty for public drinking in Passaic?
Because § 75-23 carries no penalty of its own, the citywide general penalty in § 1-3 applies: up to a $2,000 fine, up to 90 days imprisonment, up to 90 days community service, or a combination, and each day of a continuing violation counts separately.

Sources & Official References

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Paterson, NJ
Significant Restrictions