Open Container

[natewal4430]

I tried doing a seach, but I came up empty. Pretty simple question...Is there any state statute that prohibits having an open container on private property? If not, would/could a township or municipality have such a law?

[Statkowski]

You didn't find anything because it undoubtedly doesn't exist. Could you imagine the police raiding a family barbeque because some of the people there were having a beer straight from a can or bottle? Yes, a civilized person drinks from a glass, or a mug, but sometimes people "let their hair down" and are less mindful of civility.

At college towns, the local police can't do anything about the drunk college students drinking beer (unless they're overly loud or something) until they step off fraternity house property and onto the sidewalk. Then they get snagged for having an open container, but not until then.

[Lycanthrope]

I OC.....Open container all the time at my house.

Sometimes I CC my Open container so my fiance' doesn't kow I took the last beer.

Lycanbothsidesthrope

[natewal4430]

What if you rent? Would it be up to the landlord if you can drink outside of the house?

[tes151]

I've had people tell me that there are public drunkness laws/ordinances in some towns, but I highly doubt any cop would be dumb enough to come on private property to try and get someone for it.

[Steve in PA]

OC (in this case open container) laws do NOT apply to private property.

Public drunkeness laws also do not apply to private property.

[pex]

For the state:

Public drunkenness has nothing to do with the container,

[18PACS]>>§ 5505. Public drunkenness and similar misconduct



A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as The Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in the Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.

and state open container laws are for vehicles only,

[75PACS]>>§ 3809. Restriction on alcoholic beverages



(a) General rule.--Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), [FN1] known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.


(b) Exception.--This section does not prohibit possession or consumption by any of the following:

(1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines.

(2) An individual in the living quarters of a house coach or house trailer.


(c) Penalty.--An individual who violates this section commits a summary offense.

I don't think there is any sort of preemption on alcohol.

Therefore, you need to consult your local ordinances.

In the case of the landlord-tenant relationship, that is not of public law.

[SGTUSArmy]

Back in the day in Stillwater, OK, they changed the law to where if you had an open container within like 25 feet of any public street, it was public intox. It was stupid, and enforced for like 2 weeks before they realized that half the people weren't really offending anyone and then it was kind of cast to the side.

Kind of like having to have your automobile tethered when ever they were parked.

[JP8]

The only open container laws I've ever seen were local ordinances. Much like BB gun ordinances, if you don't live in a heavily populated area, chances are there is no open container law on the books...but you would want to check this out.

Keep in mind, just being over the legal limit in public is not "public drunkenness". The actor must appear visibly drunk (staggering, acting obnoxious). Apartment buildings are considered accessible to the public so disorderly conduct and public drunkenness can be successfully prosecuted.

Public intox laws are somewhat misused nowadays in that they were not put on the books to jail the average guy who had a few too many. They were enacted to keep bums from bothering people in town centers.

I remember seeing something on the TV about cops in Texas going into bars and arresting people for public intox when no one even called the police. These were nice upscale bars too.

Does a flask in your pocket count as an open container? I ask this because even though the cap is on, there is no "seal".

[tourrider]

What if you rent? Would it be up to the landlord if you can drink outside of the house?

No.

If you share the lawn with other renters, then your behavor could play a part, but you can certainly enjoy an adult beverage in peace.