How Memphis Handles Public Conduct: A Practical Guide

Memphis maintains 129 local ordinances across all categories, and 6 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Memphis falls on the strict-to-permissive spectrum compared to other cities.

Loitering Rules

Memphis doesn't ban general loitering: it targets known drug dealers, drug purchasers, and gang members who loiter in a manner showing intent to sell, buy drugs, or engage in gang activity. Violators face a misdemeanor, and the ordinance only applies to people with a qualifying conviction in the past year.

Key details: Who it covers: Known drug dealers/purchasers, gang members. Prior-conviction window: Within 1 year of the citation. Where it applies: Any public place citywide. Required officer step: Order to cease, per subsection D(6). Penalty: Misdemeanor, § 1-24-1.

A violation of § 10-8-9 is a misdemeanor, punishable per § 1-24-1. Conviction requires proof the person is a known drug dealer, purchaser, or gang associate/member with a qualifying conviction in the prior year, that the loitering conduct manifested drug or gang activity, and that the person refused to stop or resumed after a law enforcement officer ordered them to cease.

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

Outdoor Smoking Restrictions

Memphis Code § 9-88-2 bans smoking in public elevators, MATA buses, hospital lobbies, theaters, and every restaurant seating 50 or more unless it maintains an adequate nonsmoking section. It's an enclosed-space law, not an outdoor one. Memphis has no ordinance barring smoking in parks, sidewalks or open-air patios.

Key details: Governing section: Memphis Code § 9-88-2. Covers: Elevators, MATA buses, theaters, restaurants. Restaurant threshold: 50+ seats. Retail threshold: Stores with 5+ employees. Sign fine: Up to $50 per sign/day.

Failing to post the required signs is itself a misdemeanor under § 9-88-5, punishable by a fine of up to $50.00 per required sign for each day the sign is missing or not maintained. Smoking in a posted nonsmoking area is separately a misdemeanor 'punishable as provided in section 1-24-1': the Code's general penalty, up to $50.00 per violation. The city and county health department director, police services director, fire services director, or any adversely affected party may also sue to enjoin repeat violations under § 9-88-6.

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

Public Alcohol Use

Memphis bans open containers and public consumption of alcohol on streets, sidewalks, and other city-controlled areas inside the Central Business Improvement District. Sec. 7-4-15 makes it unlawful to drink or hold an unsealed alcoholic beverage in these public spaces unless you're a patron of a licensed venue, at a permitted special event, or inside the Beale Street Historic District.

Key details: Zone: Central Business Improvement District only. Container rule: Unlawful unless commercially sealed. Minimum fine: $200 per Ch. 7-4 (Sec. 1-24-1). Exempt area: Beale Street Historic District. Enacted by: Ordinance No. 4828, Nov. 21, 2000.

A violation is a city ordinance offense enforced by Memphis Police. Under the citywide penalty schedule at Section 1-24-1, most Code violations draw a fine up to $50 plus a discretionary penalty up to $200, but Chapter 7-4, Alcoholic Beverages, is one of the chapters the city judge must fine at a $200 minimum, and each day a violation continues counts as a separate offense.

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

Jaywalking

Memphis Code § 11-28-4 bans mid-block jaywalking only between two intersections where traffic signals are actively operating: there, pedestrians must use a marked crosswalk. Everywhere else, crossing outside a crosswalk is legal but the pedestrian must yield to all vehicles, and the fine for crossing at other than a crosswalk is $40.00.

Key details: Governing section: Memphis Code § 11-28-4. Ban applies: Only between signalized adjacent intersections. Fine: $40.00 forfeiture per Sec. 11-8-5. Outside that zone: Legal to cross but must yield to vehicles. Related duty: Must yield if a pedestrian tunnel/overpass exists.

Crossing outside a marked crosswalk on a signalized block is enforced as a $40.00 civil forfeiture under Sec. 11-8-5's schedule for Sec. 11-28-4, separate from the lower fines set for related pedestrian violations such as leaving a crosswalk's lines ($5.00) or violating crosswalk right-of-way ($50.00). Officers cite the pedestrian directly, since the offense is personal to the person crossing rather than tied to a vehicle registration.

Aggressive Panhandling

Memphis bans panhandling in aggressive manners under City Code § 6-56-6: coming within three feet, touching without consent, using profane language, following after a refusal, blocking a path, panhandling in a group of two or more, or panhandling while intoxicated. Violation is a citywide misdemeanor enforced by Memphis Police Services.

Key details: Manner ban: Misdemeanor under § 6-56-6. Time ban: 7:00 p.m.–8:00 a.m. citywide (§ 6-56-4). Group panhandling: Two or more persons prohibited. Contact distance: Within 3 feet unlawful. Penalty: Up to $50 fine + $200 automatic penalty.

Violating any manner, time or place restriction in Chapter 6-56, including Section 6-56-6's aggressive-panhandling rules, is a misdemeanor under Section 6-56-9, punishable under the citywide general penalty, Section 1-24-1: a fine set at the city judge's discretion up to $50.00 per violation, plus an automatic penalty of up to $200.00 for the code section violated. Each day of a continuing violation is charged as a separate offense. Memphis Police Services enforces the chapter.

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

Skateboarding Rules

Skateboards are allowed on Memphis's downtown common mall area, the Main Street pedestrian mall, without a permit, but Sec. 12-48-7 puts real rules on how they're ridden there: riders must yield the right-of-way to every pedestrian and trolley, and must give an audible signal, verbally or with a bell, never a whistle or siren, before passing anyone on foot.

Key details: Permit needed for skateboards: No, manually propelled vehicles are exempt. Must yield to: Pedestrians and the Main Street trolley. Signal required: Verbal or bell, no whistle or siren. Penalty: $15.00 to $50.00 misdemeanor fine. Enforcing body: Center City Commission.

Skating on the common mall area without yielding to pedestrians and trolleys, or without giving an audible verbal or bell signal before passing, violates Sec. 12-48-7.C and is a misdemeanor under Sec. 12-48-8: a fine of not less than $15.00 nor more than $50.00. Riding a motorized wheeled device on the mall without a Center City Commission permit carries the same penalty.

The Bottom Line

Memphis is tougher than many cities when it comes to public conduct. Out of the 6 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Memphis, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Memphis's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.