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Pender County, NC Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Covers
Beer, wine, malt, alcohol, narcotics
Bans
Possession, consumption, display
Also bars
Entering park while intoxicated
Misdemeanor fine
Up to $50.00
Civil penalty, first offense
$100.00 per offense
Civil penalty, repeat
Up to $500.00

Summary

In unincorporated Pender County, no one may possess, consume or display beer, wine, malt or other alcoholic beverages, or any narcotic drug, in any park area. Anyone under the influence of alcohol or narcotics is also barred from entering or staying in a park.

These county ordinances apply to unincorporated areas of Pender County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 28-30. - Alcoholic beverages and narcotic drugs. (a)It shall be unlawful for any person to possess, consume or display beer, wine, malt or alcoholic beverage or any narcotic drugs in any park area.(b)It shall be unlawful for any person under the influence of the above-listed beverages or any narcotic drugs to enter or remain within any park area. ... ... Sec. 28-48. - Enforcement; penalties. (a)This division shall be enforced by park personnel or their designee and any authorized law enforcement officer within their jurisdiction. Violators of this article shall, upon conviction, be guilty of a misdemeanor pursuant to G.S. 14-4 and shall be fined not more than $50.00, or imprisoned for not more than 30 days.(b)Violation of this division also shall subject the offender to a civil penalty of $100.00 for each offense to be recovered by the county in a civil action in the nature of debts, as provided in G.S. 153A-123(c).

Full Breakdown

Pender County Code § 28-30 flatly bars alcohol and drugs from every county park area: it is unlawful for any person to possess, consume or display beer, wine, malt beverage or any other alcoholic beverage, or any narcotic drug, in a park, and it is separately unlawful for anyone already under the influence of those substances to enter or remain in a park at all. Unlike an open-container rule tied to a specific container type, this section reaches mere possession or display, not just drinking, and it applies countywide to every park the parks and recreation department operates in unincorporated Pender County (it does not reach Surf City, Topsail Beach or Burgaw parks, which are outside county jurisdiction).

The section is part of Chapter 28, Article II, Division 1's general park rules, enforced under § 28-48 by park personnel, their designee, or any authorized law enforcement officer with jurisdiction over the property. A conviction is a misdemeanor under G.S. 14-4, carrying a fine of not more than $50.00 or imprisonment for not more than 30 days. The county can also pursue a civil penalty of $100.00 for each offense, recovered as a civil debt under G.S. 153A-123(c) following a certified-mail payment demand, with a repeat violation raising the civil exposure to as much as $500.00 per offense.

Each day a violation continues counts as a separate offense, and the director of parks and recreation retains authority to grant written exceptions for approved community events under § 28-45's general park-rules framework.

Violations & Fines

Possessing, consuming or displaying alcohol or narcotics in a county park, or entering or remaining in a park while under their influence, is a misdemeanor under G.S. 14-4 (fine up to $50.00, up to 30 days imprisonment) and can also draw a $100.00 civil penalty per offense under § 28-48, rising to $500.00 for repeat violations.

Frequently Asked Questions

Can I bring a beer to a Pender County park picnic?
No. Section 28-30 makes it unlawful to possess, consume or even display beer, wine, malt beverages or other alcohol in any county park area, regardless of whether it is being actively consumed.
Can I be barred from a Pender County park just for being drunk, without drinking there?
Yes. The same section separately bans any person under the influence of alcohol or narcotic drugs from entering or remaining in a park, apart from the possession and consumption ban.
What is the penalty for drinking alcohol in a Pender County park?
It is a misdemeanor under G.S. 14-4, punishable by a fine of up to $50.00 or up to 30 days in jail, and the county can also pursue a $100.00 civil penalty per offense under Section 28-48.
Does this ban apply at Surf City or Topsail Beach parks?
No. Section 28-30 governs parks operated by Pender County's own parks and recreation department in the unincorporated area; municipal parks in Surf City, Topsail Beach or Burgaw are governed by those towns' own rules.

Sources & Official References

Other rules in Pender County

All Pender County rules

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