Public Conduct in Daytona Beach, FL

If you live in Daytona Beach or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. Daytona Beach has 5 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Skateboarding Rules

Daytona Beach bans riding a skateboard, along with bicycles, tricycles, skates and any other toy vehicle, on or over the surface of the city's oceanfront boardwalk. Commercial pedicabs are the only exception carved out of the ban.

Key details: Governing section: City Code § 94-83. Location: Boardwalk east of Ocean Avenue. Boardwalk span: Main Street to Ora Street. Exception: Commercial pedicabs only. Penalty basis: General ordinance penalty, § 1-14.

Riding a skateboard, bicycle, skates, or other toy vehicle on the boardwalk is a violation of Sec. 94-83 punished under the general municipal-ordinance penalty provision at Sec. 1-14, as listed in Sec. 94-3(c), rather than a civil parking-ticket fine.

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

Loitering Rules

City Code § 62-37(a)(6) makes it disorderly conduct to loiter, crowd or congregate on a Daytona Beach street or sidewalk so as to unreasonably obstruct traffic, once a police officer orders the person to disperse and move on and the person refuses.

Key details: Trigger: Obstructing traffic + refusing officer's order. Statute: City Code § 62-37(a)(6). Penalty: Up to $500 fine or 60 days jail. Separate group rule: 3+ persons under § 62-37(a)(5). Adopted: Ord. No. 02-472 (2002).

Violating § 62-37(a)(6) is punished under the Code's general penalty, § 1-14: a fine not exceeding $500.00, imprisonment for a term not exceeding 60 days, or both. Each day the violation continues is a separate offense. The nuisance abatement board or municipal court may also pursue other city remedies alongside this penalty.

Public Marijuana Use

Daytona Beach makes possessing 20 grams or less of cannabis, or cannabis paraphernalia, a citywide civil offense under City Code § 62-34. Officers can issue a civil citation with a fine up to $500 instead of pursuing a state misdemeanor charge.

Key details: Possession threshold: 20 grams or less of cannabis. Civil citation fine: Up to $500.00. Also covers: Cannabis paraphernalia. Applies: Citywide, inside Daytona Beach limits. Adopted: Ord. No. 16-155 (2016), amended 2019.

An officer who finds 20 grams or less of cannabis, or related paraphernalia, on a person anywhere inside Daytona Beach city limits may issue a civil citation under § 62-34(c) rather than make an arrest. The fine for the civil citation cannot exceed $500.00. The ordinance does not bar the state from separately charging possession under F.S. § 893.13 for the same conduct.

Aggressive Panhandling

City Code § 66-1 bans aggressive panhandling citywide and bars all panhandling within 20 feet of business entrances, ATMs, transit stops and city parking, within 100 feet of schools, 150 feet of major signalized intersections, on the boardwalk, and after dark.

Key details: Buffer near ATMs/entrances/transit: 20 feet. School buffer: 100 feet of any daycare/K-12 school. Intersection buffer: 150 feet of signalized arterial/collector roads. After dark: Panhandling banned entirely. Boardwalk: Panhandling banned on mapped boardwalk area.

Any violation of § 66-1(c)'s aggressive-conduct, proximity or after-dark restrictions is punished under the general penalty in § 1-14: a fine not exceeding $500.00, imprisonment for up to 60 days, or both, with each day of continued violation treated as a separate offense.

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

Public Alcohol Use

Daytona Beach bans drinking, or carrying an open container of, alcohol on any public right-of-way, sidewalk, street or alleyway, and on any city-owned or city-controlled land, building or facility. City Code § 10-5 applies citywide and only lifts for a city permit, an event waiver, a lease, or licensed commercial megacycle passengers.

Key details: Ban area: Streets, sidewalks, city land/buildings. Citation: Daytona Beach City Code § 10-5. Max penalty: $500 fine / 60 days jail (§1-14). Exceptions: 5, incl. city permit or event waiver. Related bans: §10-8 (near A1A), §10-9 (near bars).

A section 10-5 violation defaults to the general penalty in City Code § 1-14 because chapter 10 sets no separate fine for public consumption: a fine of up to $500.00, imprisonment for up to 60 days, or both, with each day of a continuing violation treated as a separate offense. Nearby sections 10-8 and 10-9 add parallel open-container bans for parking lots and areas outside bars.

This is not one of those rules that cities tend to ignore. Daytona Beach actively enforces its public alcohol use requirements.

The Bottom Line

Daytona Beach is tougher than many cities when it comes to public conduct. Out of the 5 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Daytona Beach, 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 Daytona Beach's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.