How Durham Handles Public Conduct: A Practical Guide

Durham maintains 118 local ordinances across all categories, and 5 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Durham falls on the strict-to-permissive spectrum compared to other cities.

Public Urination

Urinating or defecating anywhere in Durham other than a designated water closet or toilet facility is a misdemeanor under City Code § 26-2, whether it happens on a public sidewalk, street, right-of-way, in a public building, or on someone else's private property. The only defense on private property is the owner's written permission.

Key details: Authority: City Code § 26-2. Offense class: Misdemeanor. Exempt locations: Designated water closet/toilet facility only. Private-property defense: Owner's written permission. Enforced by: Durham Police Department.

A violation of Sec. 26-2 is a misdemeanor, and the code states this 'in addition to any other remedy available in the Code,' meaning the city can also pursue other remedies available generally under chapter 26. Durham Police Department cites offenders directly; conviction of the underlying misdemeanor is handled through the state district court criminal process, not a municipal administrative hearing.

This is not one of those rules that cities tend to ignore. Durham actively enforces its public urination requirements.

Aggressive Panhandling

Durham doesn't ban panhandling outright, but City Code § 54-261 makes it unlawful to beg by accosting someone or blocking their path, soliciting within 20 feet of a bank entrance or ATM, soliciting on a city bus or within six feet of a stop, or soliciting after dark: from 20 minutes past sunset to 20 minutes before sunrise. Violating any of these is a misdemeanor.

Key details: Scope: Not a blanket ban: only listed manners are unlawful. Bank/ATM buffer: 20 feet from entrance, exit, or ATM. Transit buffer: In vehicle, at stop, or within 6 feet. Nighttime restriction: 20 min after sunset to 20 min before sunrise. Penalty: Misdemeanor.

Begging or soliciting alms in any of the five prohibited manners, accosting, forcing oneself on another, soliciting near a bank or ATM, soliciting on transit, or soliciting after dark, is a misdemeanor under Section 54-261(c), enforceable by any Durham police officer who observes the conduct.

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

Public Alcohol Use

Durham bars possessing or drinking an open beer or wine container on any public street under City Code § 46-149. Vehicle occupants and pub-bike passengers are exempt, but everyone else needs a city-manager-issued event permit or must be inside the downtown Social District's active hours to legally drink outside.

Key details: Governing section: City Code § 46-149. Covers: Beer and wine only, not liquor. Exempt: Vehicle occupants, pub-bike passengers. Exception 1: City-manager-permitted community events. Exception 2: Active Social District hours (Ch. 54, Art. VII).

Violating any part of section 46-149, possessing an open container, drinking in public, or improperly disposing of the container, is a misdemeanor, in addition to any other remedy available under the Code. Durham police can cite each act separately, so possessing an open container and later discarding it on private property without consent can generate two distinct charges.

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

Loitering Rules

Durham's loitering ordinance, City Code § 46-150, doesn't criminalize standing around generally: it targets repeated conduct in a public place tied to drug transactions, like beckoning passersby or stopping cars to exchange money for controlled substances. A separate, narrower rule at § 50-1 bans loitering on a bus terminal platform without a ticket or business there.

Key details: Governing section: City Code § 46-150. Covers: Public places: streets, sidewalks, lots, city property. Requires: Repeated conduct tied to drug transactions. Penalty: Misdemeanor under § 1-9. Related rule: Bus-terminal loitering banned, § 50-1.

A person who loiters for drug-related purposes under § 46-150 is guilty of a misdemeanor and, upon conviction, is punished under City Code § 1-9. Loitering at a bus terminal under § 50-1 is likewise a misdemeanor, with any other Code remedy also available.

Skateboarding Rules

Durham bans riding a skateboard on any roadway except to cross at a crosswalk or on a designated play street under City Code § 66-322, an infraction carrying up to a $50.00 penalty. City skate parks require helmets, elbow pads, and knee pads under § 66-323, and riders assume the park's inherent risks.

Key details: Roadway riding: Banned except crosswalks and play streets. Skate park gear: Helmet, elbow pads, knee pads required. Penalty: Up to $50.00 infraction. Liability: City not liable for voluntary participants' injuries. Clinging ban: No hitching a ride on a moving vehicle.

Skateboarding on a Durham roadway outside a crosswalk or posted play street, or in a city skate park without a helmet, elbow pads, and knee pads, is an infraction under §§ 66-322 and 66-323, each carrying a penalty of up to $50.00 payable by the person found responsible.

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

The Bottom Line

Durham is tougher than many cities when it comes to public conduct. Out of the 5 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Durham, 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 Durham's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.