Hoboken Legal Beagle – 5/13/2008

5/13/2008:

You ever wonder if it’s OK to drink alcohol on your front stoop, or on you patio in Hoboken?

This was covered at one point during a St. Patrick’s Day Parade thread somewhere, but here’s a reminder of what you can/can’t do on your front steps:

hoboken-hoboken411-legal-beagle-drinking-on-front-stoop.jpg

Can you drink on your front stoop?

“What is the real deal for open containers in Hoboken?

If I was on my stoop, or within my front “patio” area, is it ok to have alcohol there? I’m assuming that is indeed private property… As long as nothing is on the sidewalk…
With summer approaching, it’d be nice to get the actual firm position on this… Do you know?”

Hoboken411 legal beagle public drinkingHoboken411 Legal Beagle Says:

Below is some text from Hoboken’s City Code, as you can read you cannot drink or have an open container upon the streets and sidewalks of Hoboken, but the question remains is a stoop private or public property and as always it isn’t a simple answer since stoops are on public property by easement granted by the City, they must be maintained by the property owner but the City reserves all rights over the stoops as if they were public property.

So since the Stoops are on public property it would be against City Ordinance to have an open container or drink alcohol on your stoop or patio on ground level.

Read all the city ordinances after the jump!

(Hoboken stoop drinking, continued…)

145-23. Possession of opened alcoholic containers. [Added 2-17-1993 by Ord. No. P-217; amended 10-20-1993 by Ord. No. R-7]
A. No person shall have in their possession an opened container of any alcoholic beverage in a glass, bottle, can or any type of container on a public street, highway, avenue, alley or road of the city, or upon any public grounds, parks, sidewalks or marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.
B. The drinking of alcoholic beverages on the public streets of Hoboken is hereby prohibited. No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of the city, or upon any public grounds, parks, sidewalks or marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.

however read this

§ 168-41. Rights, privileges and immunities.
The City of Hoboken reserves all rights, privileges and immunities concerning its public easement over all streets and sidewalks within the city, whether or not any projection or encumbrance has been permitted to be erected on the same, without any waiver of such rights, privileges or immunities, whether expressed or implied.

and this

(7) Yard dimension, minimum: [Amended 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17]
(a) R-1 District:
[1] Front: [Amended 7-17-2002 by Ord. No. DR-43] minimum five (5) feet; maximum of ten (10) feet; front yard setback areas are to be fenced and landscaped; stoops are to be encouraged and shall not be counted as lot coverage; bay windows extending no further than thirty-six (36) inches from the front facade and located entirely within the property line shall not be counted as lot coverage; any fencing, landscaping or stoop beyond the property line is subject to the City Code, Chapter 168: Streets and Sidewalks.

So there it is… you’re S.O.L. when it comes to “legally” drinking on your front stoop, regardless if you believe it’s private property. Burn!

Leave a Reply

6 Comments on "Hoboken Legal Beagle – 5/13/2008"


escaped68
Member
8 years 4 months ago

If you get in a accident while drunk and leave the scene of that accident then turn yourself in the next day,sober of course, you are only charged with leaving the scene of a accident. But if you stick around you get charged with a list of charges and lose your license. This applies to propety accidents and that you are able to drive away.

homeworld
Member
8 years 4 months ago

If you want to drink in Hoboken, do it behind the wheel of a car and they flee the scene of the accident. I was at municipal court once, and the guy that did that only got a $400 fine, while the guy before him that was drinking from a cup on the sidewalk got a $1000 fine.

elainetyger
Member
elainetyger
8 years 4 months ago

The City has all rights, privileges, and immunities, which means they can sell a liquor license to the pizzeria next door to you, and they can have 20 yahoos guzzling pitchers out there with no problem, but you can get the ticket for taking a glass of wine on your front stoop.

Notak
Member
Notak
8 years 4 months ago

Well…. if I’m reading this right… and the building must be setback from the front property line a minimum of 5 feet and maximum of 10 – isn’t that setback area still your property? Just like when the building can cover only 60% of the lot, don’t you still own the other 40%?

Katie_Scarlett
Member
8 years 4 months ago

[quote comment=”82639″]great my stoop is in need of repair, i will call city since its public property….[/quote]
If only… the problem is your building’s owner was granted an easement for that stoop, so the repair/maintenance of the stoop is on the building’s owner.

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