How Charleston Handles Public Conduct: A Practical Guide

Charleston maintains 126 local ordinances across all categories, and 7 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Charleston falls on the strict-to-permissive spectrum compared to other cities.

Public Alcohol Use

Charleston bans carrying an open container of beer, wine, or liquor in a vehicle or on your person, and bans drinking on any street, sidewalk, alley, or public way, under City Code § 3-31. Group functions in parks or on public property need a police-issued permit under § 3-32.

Key details: Open container ban: Vehicle or on person, citywide. Public drinking ban: Streets, sidewalks, alleys, public ways. Group function permit issuer: Chief of police. Permit application window: 3 to 30 days before event. Permitted activity hours: 9:00 a.m. to 8:00 p.m..

Chapter 3 does not set out a chapter-specific fine, so a § 3-31 open-container or public-consumption violation is enforced under the citywide general penalty in § 1-16: up to a $500 fine and/or up to 30 days in jail, with each day a continuing violation counted separately.

Compared to other cities, Charleston takes a harder line on public alcohol use. The enforcement and penalty structure reflects that.

Loitering Rules

Charleston's loitering ordinance bans lingering without lawful purpose in eight specific settings, from restaurants and taverns after being told to leave, to residential yards, parking lots, and schools. Section 21-108 lets a court add a geographic ban from part of the city on top of a fine or jail time for repeat violations.

Key details: Governing section: City Code § 21-108(a)-(k). Covered settings: 8 settings incl. taverns, parking lots. ID requirement: Name and address on officer request. Penalty: Max fine allowed by law or 30 days. Court order: Can bar presence from a city area.

Subsection (j) lets the municipal court fine a convicted violator up to the maximum fine allowed by law or jail them up to 30 days, or both, with each continuing day a separate offense. Subsection (k) goes further: on top of that penalty, the court may bar the person from a specific geographic area of Charleston. Breaking that order can revoke a bond, land the person in custody until trial, or revoke a suspended sentence and require serving the original term.

Compared to other cities, Charleston takes a harder line on loitering rules. The enforcement and penalty structure reflects that.

Aggressive Panhandling

Charleston bans soliciting 'in an aggressive manner' anywhere on public rights-of-way or other city-owned property under Sec. 17-101. Sec. 17-92 defines aggressive manner to include following or approaching someone in a way likely to cause fear, touching a person or vehicle without consent, blocking a pedestrian's path, and using threatening gestures or intimidating profanity.

Key details: Governing sections: City Code §§ 17-92, 17-101. Scope: Public rights-of-way and city property, citywide. Covers: Panhandling, peddling, busking, charitable soliciting. Violation penalty: Fine or up to 30 days jail. Extra remedy: Court can order area exclusion.

Aggressive solicitation is a Chapter 17, Article V violation. Under Sec. 17-122, a conviction can bring a fine up to the maximum permitted by law, up to 30 days in jail, or both, with each day of continued violation a separate offense. A court may additionally impose a jurisdictional-limit order barring the offender from a specific area of the city, and violating that order can revoke bond or reinstate a suspended sentence.

This is not one of those rules that cities tend to ignore. Charleston actively enforces its aggressive panhandling requirements.

Skateboarding Rules

Skateboarders riding on a Charleston roadway have the same rights and duties as a vehicle driver under Sec. 19-93, must ride near the right side of the road, wear footwear, use hand signals, and stay visible with reflective gear from 500 feet. Riding is banned in city parking garages and athletic fields, and prohibited entirely on specific streets listed in Ordinance No. 2024-096.

Key details: Traffic-law status: Same rights/duties as vehicle drivers. Roadway position: Near right side, per § 19-93(d). Visibility requirement: 500 ft at 3 ft height, reflective gear. Footwear/intoxication: Footwear required; no riding intoxicated. Banned locations: Garages, athletic fields, tennis courts.

Sec. 19-93 doesn't set its own fine, so a violation falls under the citywide general penalty in Sec. 1-16: a fine of up to $500, up to 30 days in jail, or both, with each day a violation continues treated as a separate offense. Harassing or throwing objects at a rider, or riding in a banned garage, athletic field, or Exhibit A street, are each separately chargeable violations.

Public Marijuana Use

Charleston makes it a crime to sell, possess, use or transport one ounce or less of marijuana or ten grams or less of hashish anywhere within city limits, public or private. City Code § 21-126(a) carries no location exception, so smoking or holding marijuana in a park, on a sidewalk or at an event is enforced the same as private possession, on top of separate state marijuana law.

Key details: Covered amount: 1 oz or less marijuana; 10g or less hashish. Penalty basis: General penalty § 1-16 (no penalty stated in § 21-126(a)). Max fine: $500. Max jail: 30 days. Location scope: Citywide, public or private.

Marijuana or hashish possession or use under § 21-126(a) is a misdemeanor punished under the Code's general penalty, § 1-16: a fine up to $500 or up to 30 days in jail, with each day a continuing violation persists charged as a separate offense. Related paraphernalia offenses under § 21-127 are punished the same way.

This is not one of those rules that cities tend to ignore. Charleston actively enforces its public marijuana use requirements.

Public Urination

Charleston makes it unlawful to urinate or defecate on any public or private property in the city, indoors or out, unless you're in a restroom or another facility designed for it. Section 21-90 draws no exception for private property, meaning the ban covers a person's own yard as much as a public sidewalk.

Key details: Governing section: City Code § 21-90. Adopted: Ord. No. 2008-150, Nov. 25, 2008. Covers: Public AND private property. Exception: Restroom or sanitary facility only. Penalty: Up to $500 fine or 30 days jail.

Section 21-90 carries no separate fine, so violators are prosecuted under the Code's general penalty in Section 1-16: up to a $500 fine or 30 days in municipal jail. Officers can issue a Uniform Ordinance Summons on the spot under Section 1-20 rather than making a custodial arrest, and each act is charged as a single offense rather than a continuing one.

Compared to other cities, Charleston takes a harder line on public urination. The enforcement and penalty structure reflects that.

Outdoor Smoking Restrictions

Charleston bans smoking, including e-cigarettes, hookah and vapor devices, in every public park and playground the city owns, leases or operates. City Code § 21-133 allows narrow exceptions for recreation-commission-designated smoking areas, theatrical performers, religious ritual and medical research, and violators face a $10 to $25 infraction fine plus possible nuisance-abatement action.

Key details: Scope: All city-owned/leased/operated parks and playgrounds. Covered devices: Cigars, cigarettes, pipes, hookah, e-cigarettes. Fine: $10 to $25 infraction. Adopted: Ordinance 2018-061, May 8, 2018. Exceptions: Designated area, performers, religious ritual, research.

Smoking in a Charleston public park or playground outside a designated area is an infraction punishable by a fine of not less than $10 nor more than $25 under the city's smoking-enforcement scheme at § 21-132(i). The city may also treat the violation as a public nuisance and seek an injunction or recover nuisance-abatement costs.

This is one of the stricter rules in Charleston's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Charleston is tougher than many cities when it comes to public conduct. Out of the 7 rules covered here, 6 are rated strict. If you are a homeowner, renter, or business owner in Charleston, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Charleston can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.