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Daytona Beach, FL Noise from Specific Sources: Bar & Nightclub Noise (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger distance
Within 1,000 feet of residential area
Eligible uses
50+ seat restaurants/bars, hotels east of Atlantic Ave
Permit term
Six months from issuance
Permitted hours
11:00 a.m. to midnight
Application review
Decided within 14 calendar days
Suspension range
30 to 90 days by violation type

Summary

A Daytona Beach restaurant or bar cannot run outdoor amplified sound within 1,000 feet of a residential area without a sound permit under City Code § 42-242. Permits run six months, limit hours to 11:00 a.m.-midnight, and can be suspended 30 to 90 days for violations.

(a)No outdoor amplified sound equipment may be located outdoors on any nonresidential property where such equipment is located within 1,000 feet of a residential area, unless the person owning or occupying the property has a valid, current sound permit.( ... b)Only the following types of uses shall be authorized to obtain sound amplification permits in accordance with this section:(1)Restaurants and bars with 50 or more indoor seats, where they have a permanent, fixed outdoor seating area as part of their approved site plan;(2)Hotels, motels and accommodations located east of Atlantic Avenue.(c)Sound permits shall be valid for a period of six months from the date of issuance, unless suspended pursuant to section 42-245.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

Sections 42-241 through 42-246 create a permitting scheme aimed at restaurants and bars near residential neighborhoods. Section 42-242(a) requires a valid sound permit before any nonresidential property runs outdoor amplified sound equipment within 1,000 feet of a residential area, and defines 'located outdoors' broadly to include equipment affixed to a building exterior, aimed out a window or opening, or located in an outdoor seating area. Only two use types can even apply: restaurants and bars with 50 or more indoor seats that have a permanent, fixed outdoor seating area on their approved site plan, and hotels, motels and accommodations east of Atlantic Avenue.

Permits run six months from issuance. Applications go to the permits and licensing division under § 42-243, must be decided within 14 calendar days (an undecided application is deemed granted), and oceanfront properties must orient speakers parallel to the bulkhead toward the ocean unless sound barriers are used; other properties must orient equipment toward the property's interior. to midnight, unless the city commission sets alternate hours by resolution for a declared special event, and requires the permittee to power down on an officer's request for a decibel reading.

Section 42-245 lets the permits and licensing director suspend a permit for 30 days for a general compliance failure, 60 days for refusing to power down for an officer, or 90 days after a court or code enforcement board finds a § 42-244(1) noise violation. Section 42-246 gives the permittee ten days to appeal any denial or suspension to the city manager, with a hearing held within five working days.

Violations & Fines

Running outdoor amplified sound without a permit, or breaching a permit's conditions, exposes the operator to permit suspension of 30 to 90 days under § 42-245 depending on the violation, plus prosecution under § 1-14 of the City Code and the independent jurisdiction of the code enforcement board under F.S. ch. 162.

Frequently Asked Questions

Does a bar need a permit to play outdoor music near a Daytona Beach neighborhood?
Yes, if the bar sits within 1,000 feet of a residential area and wants to run amplified sound outdoors, including speakers aimed out a window or in an outdoor seating area. Section 42-242 requires a valid sound permit issued by the permits and licensing division before doing so.
What hours can a permitted bar run outdoor speakers?
Section 42-244(3) limits permitted outdoor amplified sound to 11:00 a.m. until midnight, unless the city commission passes a resolution setting alternate hours for a declared special event such as Bike Week.
Can the city pull a bar's sound permit?
Yes. Section 42-245 lets the permits and licensing director suspend a permit for 30 days for a general violation, 60 days for refusing an officer's request to power down for measurement, or 90 days if a court or the code enforcement board finds a noise violation.
Which businesses even qualify for a sound permit?
Only restaurants and bars with 50 or more indoor seats and a permanent, fixed outdoor seating area on their approved site plan, plus hotels, motels and accommodations located east of Atlantic Avenue, per § 42-242(b).

Sources & Official References

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