Volusia County, FL Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Code of Ordinances § 20-112
- Prohibited
- any unsealed or open alcohol container
- Where
- the beach and beach approaches countywide
- Max penalty
- $500 fine and/or 60 days jail
- Authority
- county holds exclusive beach jurisdiction
- Adopted
- Ord. No. 87-36 (1987), amended 2018
Summary
Anywhere along Volusia County's beaches and beach approaches, an open can, cup, or bottle of alcohol is illegal to carry, drink, sell, or even just possess. Code of Ordinances § 20-112 bans any unsealed or open alcohol container on the beach outright, and because the county, not the cities, holds exclusive jurisdiction over the beach, the ban reaches the sand fronting Daytona Beach, Ormond Beach, and every other coastal city too.
It shall be unlawful for any person on the beach or an approach to sell or consume, or to possess or control, any unsealed or open container containing any type of alcoholic beverage.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108 Update 1).
Full Breakdown
Section 20-112 sits in Chapter 20, the Beach Code, article IV on conduct, and reads simply: it's unlawful to sell, consume, possess, or control any unsealed or open container of alcohol on the beach or an approach. " So the same open-container ban applies whether you're on the sand off Daytona Beach, Ormond Beach, New Smyrna Beach, or unincorporated shoreline. Enforcement runs through § 20-111: violations are punished as provided in § 1-7, and the article specifically extends to conduct that happens "in or on a vehicle", relevant on Volusia's driving beaches, where deputies patrol by truck.
Sealed containers are not covered; the ban targets only unsealed or open ones, so a factory-sealed six-pack carried to a cooler is not itself a violation until it's opened. The rule dates to the original 1987 beach code (Ord. No. 01) and was last amended by Ord. No. 2018-17 in October 2018. A narrower, older ban also exists for Lake Ashby Park under § 82-32, but that only reaches that one inland park, not the coast.
Violations & Fines
A violation is punishable under the Code's general penalty, § 1-7: up to a $500.00 fine, up to 60 days in the county jail, or both. Sheriff's deputies and code enforcement officers patrol the beach (including by vehicle) and can cite or arrest on the spot; because the conduct occurs on county-controlled beach, a city police officer working the same sand can enforce it too.
Frequently Asked Questions
Can I drink a beer while parked on Daytona Beach?
Does the ban still apply inside Daytona Beach or New Smyrna Beach city limits?
What if the container is still sealed?
What's the penalty for an open container on the beach?
Sources & Official References
Other rules in Volusia County
Florida rules heatmap·Compare Volusia County to another location·View the Florida public conduct overview
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