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Port Orange, FL Public Conduct: Public Alcohol Use (2026)

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

Key Facts

General rule
No open container/drinking on public property
Riverwalk hours
11:00 a.m. to midnight
Riverwalk container limit
One 16-oz approved cup at a time
Event permit lead time
60 calendar days before event
Named exempt sites
Golf course, Riverside Pavilion, Palmer College

Summary

Drinking or carrying an open container of alcohol on any Port Orange street, sidewalk, park or other public property is unlawful under City Code § 6-3(a). The city carves out a handful of named exceptions, including a permitted Port Orange Riverwalk open container area where a single 16-ounce approved cup is allowed between 11:00 a.m. and midnight.

(a)General prohibition. It shall be unlawful for any person to possess any open container of alcoholic beverage or to consume any alcoholic beverage on the streets, sidewalks or thoroughfares, or on any public property, including, but not limited to, any public building, facility, park, playground, recreational facility, right-of-way, parking lot, and any other property owned or controlled by the City of Port Orange, unless expressly permitted in compliance with provisions of this section. ... No person may possess more than one open container of an alcoholic beverage in an approved container within the Port Orange Riverwalk open container area. ... Possession and consumption of alcoholic beverages within the Port Orange Riverwalk open container area shall be between the hours of 11:00 a.m. and 12:00 a.m. (midnight), each day.

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 43 | Land Development Code: Supplement 38).

Full Breakdown

Section 6-3(a) bans possessing an open container of alcohol or consuming alcohol on the city's streets, sidewalks, thoroughfares, or any public property, expressly naming public buildings, facilities, parks, playgrounds, recreational facilities, rights-of-way and parking lots, unless a listed exception applies. The named exceptions include the municipal golf course, the Riverside Pavilion premises under a specific nonprofit lease, the Palmer College of Chiropractic Florida campus, government functions held by bodies such as the Florida League of Cities, and any city property the city council formally designates by written authorization.

The most detailed carve-out is the Port Orange Riverwalk open container area, the paver walkway between the Ocean Avenue right-of-way and Halifax Drive along the Halifax River. Inside that area, a person who legally buys an alcoholic beverage from an adjacent state-licensed premises may possess and drink it, but only in an approved container: a cup bearing the seller's logo, no larger than 16 ounces. to midnight each day; outside those hours, any open container there is unlawful. Beyond the Riverwalk, the city separately permits alcohol at private and public social events on city property, but only under a permit from the director of parks and recreation, applied for at least 60 calendar days before the event, with a fee set by council resolution and an indemnification agreement.

Violations & Fines

An open container or public drinking violation outside the listed exceptions is enforced under § 2-224's citation schedule the same as any other city code offense, and a permit for a private or public social event can be denied or revoked under § 6-3(g) for a beverage-law violation during the event or the applicant's past failure to clean up or reimburse the city.

Frequently Asked Questions

Can I drink alcohol in a Port Orange park?
No, not without a specific exception. City Code § 6-3(a) makes it unlawful to consume alcohol or carry an open container on any public property, including parks, playgrounds and recreational facilities, unless the property falls under one of the section's named exceptions or the city council has authorized it in writing.
Where can I legally drink outdoors in Port Orange?
The Port Orange Riverwalk open container area, the paver walkway between the Ocean Avenue right-of-way and Halifax Drive, allows one 16-ounce approved cup bought from an adjacent licensed premises between 11:00 a.m. and midnight under § 6-3(a)(6). The municipal golf course and a few other named sites are also exempt.
Can I get a permit to serve alcohol at an event on city property?
Yes. The director of parks and recreation reviews applications for private and public social events under § 6-3(c), which must be filed at least 60 calendar days before the event with a permit fee and, for public events, proof of a state Division of Alcoholic Beverages and Tobacco temporary license.

Sources & Official References

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