Home Topics Crime Ask Bungalower: Can I drink in a public park?

Ask Bungalower: Can I drink in a public park?

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“Hey, Bungalower. Can we drink in a public park right now? I see people in parks all day playing frisbee and drinking and nobody is getting in trouble.”

– BUNGALOWER READER

No, you can’t.

Per the Orange County’s emergency order, Orlando residents are encouraged to stay home through the end of April 30 unless they’re performing essential errands like grocery shopping, takeout meal pickup, and working at an essential business.

While we are still allowed to visit public parks, those visits are meant to be used for exercise or walking pets, not necessarily lounging and having a picnic. While outside, you are encouraged to wear a face mask and practice social distancing.

According to Samantha Holsten, Public Information Officer for the City of Orlando, during the stay-at-home order, all city ordinances, including open container rules, remain in effect. Namely Sections 33.06 and 33.18 of the City Code that deal with open containers, which you can see below.

  • Sec. 33.06. – Open Containers of Alcohol on Public Property Prohibited; Exceptions.(a) It is hereby made unlawful and a violation of this subsection to sell, consume, or possess any alcoholic beverage in any open or unsealed container, at or within any public property within the corporate limits of the City, including, but not limited to, any public building, facility, park, playground, recreational facility, street, sidewalk, right-of-way, parking lot, and any other property owned or controlled by the City of Orlando.
  • Sec. 33.10. – Removal of Alcoholic Beverages in Open or Unsealed Container from Licensed Premises. It is unlawful for any vendor or his agents or employees, licensed to sell beer, wine, liquor or other alcoholic beverages within the City, to knowingly allow any person to take from the licensed premises any opened beer, wine, liquor, or other alcoholic beverage container, or to knowingly allow any person to take from the licensed premises any glass or other open or unsealed container of an alcoholic beverage or any mixture containing an alcoholic beverage.
  • Sec. 33.12. – Providing Alcoholic Beverages for Unlawful Use; Prohibited.
    It is hereby made unlawful and a violation of this section for any person to provide, dispense, distribute, or deliver alcoholic beverages to any other person or commercial establishment when that person knows or has reason to know that the alcoholic beverages being so provided will be consumed or otherwise used in violation of any provision of this chapter, or in violation of the Beverage Law.
  • Sec. 33.18. – Possession and Consumption Prohibited in Public Parking Lots and Certain Private Places; Consumption Prohibited in Vehicles in Public Parking Lots and Certain Private Places.
    1) It shall be unlawful for any person to possess in any open container or to consume any alcoholic beverage or any mixture containing an alcoholic beverage in or upon any parking area open to public use, or in or upon any private property without the consent of the owner, tenant or other person lawfully in possession of said property.
    2) It shall be unlawful for any person to consume any alcoholic beverage or any mixture containing an alcoholic beverage while such person is in or on any vehicle which is located in or upon any parking area open to public use, or in or upon any private property without the consent of the owner, tenant or other person lawfully in possession of said property.

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Brendan O'Connorhttps://www.brendanoconnor.me/
Editor in Chief of Bungalower.com

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“Hey, Bungalower. Can we drink in a public park right now? I see people in parks all day playing frisbee and drinking and nobody is getting in trouble.”

– BUNGALOWER READER

No, you can’t.

Per the Orange County’s emergency order, Orlando residents are encouraged to stay home through the end of April 30 unless they’re performing essential errands like grocery shopping, takeout meal pickup, and working at an essential business.

While we are still allowed to visit public parks, those visits are meant to be used for exercise or walking pets, not necessarily lounging and having a picnic. While outside, you are encouraged to wear a face mask and practice social distancing.

According to Samantha Holsten, Public Information Officer for the City of Orlando, during the stay-at-home order, all city ordinances, including open container rules, remain in effect. Namely Sections 33.06 and 33.18 of the City Code that deal with open containers, which you can see below.

  • Sec. 33.06. – Open Containers of Alcohol on Public Property Prohibited; Exceptions.(a) It is hereby made unlawful and a violation of this subsection to sell, consume, or possess any alcoholic beverage in any open or unsealed container, at or within any public property within the corporate limits of the City, including, but not limited to, any public building, facility, park, playground, recreational facility, street, sidewalk, right-of-way, parking lot, and any other property owned or controlled by the City of Orlando.
  • Sec. 33.10. – Removal of Alcoholic Beverages in Open or Unsealed Container from Licensed Premises. It is unlawful for any vendor or his agents or employees, licensed to sell beer, wine, liquor or other alcoholic beverages within the City, to knowingly allow any person to take from the licensed premises any opened beer, wine, liquor, or other alcoholic beverage container, or to knowingly allow any person to take from the licensed premises any glass or other open or unsealed container of an alcoholic beverage or any mixture containing an alcoholic beverage.
  • Sec. 33.12. – Providing Alcoholic Beverages for Unlawful Use; Prohibited.
    It is hereby made unlawful and a violation of this section for any person to provide, dispense, distribute, or deliver alcoholic beverages to any other person or commercial establishment when that person knows or has reason to know that the alcoholic beverages being so provided will be consumed or otherwise used in violation of any provision of this chapter, or in violation of the Beverage Law.
  • Sec. 33.18. – Possession and Consumption Prohibited in Public Parking Lots and Certain Private Places; Consumption Prohibited in Vehicles in Public Parking Lots and Certain Private Places.
    1) It shall be unlawful for any person to possess in any open container or to consume any alcoholic beverage or any mixture containing an alcoholic beverage in or upon any parking area open to public use, or in or upon any private property without the consent of the owner, tenant or other person lawfully in possession of said property.
    2) It shall be unlawful for any person to consume any alcoholic beverage or any mixture containing an alcoholic beverage while such person is in or on any vehicle which is located in or upon any parking area open to public use, or in or upon any private property without the consent of the owner, tenant or other person lawfully in possession of said property.