Hoboken Legal Beagle – 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:
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 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.
(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:
 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!