Charleston's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Charleston, West Virginia, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Public Alcohol Use

Charleston prohibits serving or possessing an open or unsealed alcohol container in any public place, with exceptions only when authorized in writing by the police chief.

Key details: Citation: Sec. 78-211(b). Fine range: $5 to $500, rising by offense. Jail (3rd offense): 5 to 30 days. Exception: Private outdoor designated areas. Enforcement: Officer discretion to cite or arrest.

Misdemeanor: $5-$100 first offense, $5-$500 second offense, $100-$500 fine plus 5-30 days in the regional jail for a third or subsequent offense; officer can cite or arrest.

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.

Skateboarding Rules

Charleston's toy vehicle ordinance bars skateboards, roller skates, sleds, and similar devices from roadways and sidewalks citywide, with narrow exceptions for crossing at a corner or crosswalk and city-designated play streets.

Key details: Governing section: Sec. 114-18. Skateboards allowed on: Play streets only. Fine range: $10-$500 per violation. Max jail term: 30 days. Crosswalk crossing: Allowed exception.

Violating the toy-vehicle ban is punished under the Code's general penalty: a fine of $10 to $500, up to 30 days in jail, or both, with each day treated as a separate offense.

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

Outdoor Smoking Restrictions

Charleston prohibits smoking inside any permitted outdoor dining area on city sidewalks in the Central Business and Urban Corridor Districts.

Key details: Where it applies: Permitted sidewalk dining areas, CBD/UCD only. Smoking rule: Prohibited within the dining area. Operator penalty: Up to $500/day, each day separate. Permitting agency: City of Charleston Planning Department.

Enforcement runs through the operator, not individual smokers: a permit holder who lets smoking continue in the dining area risks fines up to $500 per day, with each day a separate offense, and can have the outdoor dining permit itself revoked by the planning department.

Compared to other cities, Charleston takes a harder line on outdoor smoking restrictions. The enforcement and penalty structure reflects that.

Public Marijuana Use

Appearing in any Charleston public place while visibly under the influence of marijuana is a misdemeanor. Police can cite or arrest on the spot, with fines and jail time escalating for repeat convictions.

Key details: Citation: Sec. 78-211(a). Offense class: Misdemeanor. First-offense fine: $5.00-$100.00. Repeat-offense penalty: Up to 30 days jail. Enforcement: Charleston Police Department.

Violating Sec. 78-211(a) is a misdemeanor. Officers may cite or arrest immediately, with fines from $5.00 to $500.00 and up to 30 days in the regional jail for a third or subsequent conviction.

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.

Jaywalking

Charleston makes it illegal for pedestrians to cross streets or alleys in the business district anywhere except marked intersections or designated crosswalks, under Sec. 114-661 of the city code.

Key details: Business-district rule: Cross only at intersections or crosswalks. Citation: Sec. 114-661, City Code. First-offense penalty: Up to $100 or 10 days. Repeat offense: Up to $500 or 30 days. Elsewhere in the city: Must yield right-of-way when crossing.

First offense: up to $100 fine or ten days in jail. Second conviction within a year: up to $200 or 20 days. Third or later: up to $500 or 30 days.

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

Loitering Rules

Charleston's disorderly conduct ordinance makes it illegal to congregate on a public way so as to stop traffic and then refuse a police order to clear out.

Key details: Governing section: Sec. 78-205(a)(6). Conduct barred: Congregating to halt traffic, refusing to disperse. Penalty: $10–$500 fine and/or up to 30 days. Related rule: Park loitering after hours, Sec. 82-122.

Misdemeanor under the general penalty, Sec. 1-8: fine of $10 to $500, up to 30 days in jail, or both.

The Bottom Line

Charleston is tougher than many cities when it comes to public conduct. Out of the 6 rules covered here, 5 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.

These rules come from Charleston's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.