Melbourne's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Melbourne, Florida, there are 4 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

Melbourne bans drinking or carrying an open alcoholic beverage on any street, alley, sidewalk or public parking area within 100 yards of a business open to the public. Sec. 6-7 requires businesses that sell alcohol to post a specific warning sign naming the exact code section.

Key details: Buffer distance: 100 yards of a public-facing building. Exception: Licensed premises with sidewalk/activity permit. Sign size required: At least 6 by 8.5 inches. Sign lettering: At least 7/16 inch minimum. State cross-reference: F.S. § 316.1936.

Drinking or carrying an open container within the 100-yard buffer of a public-facing business, or an alcohol-selling establishment's owner failing to post the required warning sign, or anyone selling or serving alcohol at a non-compliant establishment, is a violation of Sec. 6-7. Melbourne's citywide penalty in Sec. 1-14 applies: a fine of up to $500, up to 60 days in the county jail, or both, with each day a violation continues charged as a separate offense.

Public Urination

Melbourne bans urinating or defecating in any public place, and in residential or commercial districts without the owner's permission. City Code Sec. 32-124 carries fines up to $500 and up to 60 days in jail for repeat violations.

Key details: Governing section: City Code Sec. 32-124. First offense fine: Up to $100.00. Repeat offense fine: Up to $500.00. Repeat offense jail term: Up to 60 days. Child exception age: Under 11 years old.

A first violation is punishable by a fine of up to $100.00 in the court's discretion. Any subsequent violation carries a fine of up to $500.00 and may include a definite jail term of up to 60 days in a municipal detention facility or other authorized facility. Failure of a parent, guardian, or custodian to immediately clean up waste left by a covered child or impaired person is itself a violation of the section.

Loitering Rules

Melbourne bans loitering or trespassing in a municipal parking garage or city-operated surface lot when the time or manner isn't usual for law-abiding people and creates a reasonable safety alarm. Officers must first give the person a chance to explain before arresting, and violators face the city's standard fine and jail penalty.

Key details: Where it applies: Municipal parking garages/city lots only. Pre-arrest step: Officer must request ID/explanation. State law model: F.S. § 856.021. Max penalty: $500 fine / 60 days jail.

A violation of Section 40-4 is punishable under the Code's general penalty section, Section 1-14: a fine up to $500, imprisonment up to 60 days, or both, with each day of a continuing violation treated as a separate offense. An arrest cannot be sustained if the officer failed to first give the person a chance to identify themselves and explain their presence, or if a believable explanation was offered at the time.

Skateboarding Rules

Melbourne bans skateboarding, rollerblading, and scootering in Campbell Park and Holmes Park, on posted-prohibited public property, and on redevelopment-area sidewalks fronting businesses. City Code Sec. 56-90 sets a $48.00 civil penalty for violators.

Key details: Governing sections: City Code Secs. 56-89 to 56-91. Civil penalty: $48.00 per citation. Banned parks: Campbell Park, Holmes Park. Business-sidewalk ban zones: Melbourne & Eau Gallie redevelopment areas. Adopted: Ord. No. 2002-73, Oct. 22, 2002.

Sec. 56-91 makes any citation under this article a noncriminal violation carrying a $48.00 civil penalty, or such other amount as set by the county clerk of circuit court's office under the county's traffic hearing program. The civil-penalty structure means enforcement runs through the traffic hearing process rather than criminal court.

The Bottom Line

Melbourne's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Melbourne is broadly strict or permissive.

Keep in mind that Melbourne 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.