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NEW SMYRNA BEACH, Fla. — Anyone caught sleeping in public overnight in New Smyrna Beach — even if it’s in their car — could now face hundreds of dollars in fines, or even jail time.
After discussion and the second reading of a proposed public sleeping ordinance, the New Smyrna Beach City Commission voted unanimously Tuesday to ban the practice between 11 p.m. and 6 a.m.
During a public hearing on the ordinance Tuesday, New Smyrna Beach Police Chief Chris Kirk said public sleeping is an issue that needs to be addressed.
“What we’ve seen is an uptick in people camping in their cars, and as we offer them services, we’ve had situations where people refuse service," he said. "And this gives us an opportunity to have some teeth if they do refuse that assistance."
The ordinance bans sleeping "in any vehicle or on any of the city streets, sidewalks, alleys, rights-of-way, or easements," between 11 p.m. and 6 a.m. It also bans sleeping "in the open on private property, in vacant lots, in or under any bridge or structure, or in any railroad car" unless they own the property or have permission from the owner.
“We’re going to endeavor to provide services or connect people with resources," Kirk said. "But since some people refuse that option, we can’t have defecation in the park, urination in the park. So, we hope that this allows us to keep places safe, clean and appropriate for everyone, while making people move on if they don’t choose to accept the resources.”
The move is one that some residents feel is necessary.
“You look out and there’s someone walking down the street, and I see what’s turning into a travel trailer depot, or I don’t know what they’re calling it," Keith Abell said. "But I’m just happy that you’re taking this up and I hope we find a good solution, and I’m for those solutions.”
Kirk said his department has received several complaints from residents about people sleeping in their cars on Canal Street, Riverside Drive, on private property, and in local parks.
One commissioner, though, raised the possibility that some of those sleeping in their cars may be doing so out of necessity.
“There are a lot of families that are not in any way compromised medically or psychologically, but they’re just too poor to pay their rent," said New Smyrna Beach City Commissioner Lisa Martin.
It’s a sentiment that Kirk said he knows well. He said that the New Smyrna Beach Police Department has a community outreach unit with a sworn officer and a licensed mental health clinician to help people get the resources and services they need so they won’t have to sleep in their cars.
“We know you can’t arrest your way out of homelessness," he said. "We’ve had six encounters with homeless families in the last six months living out of their cars. We’ve been able to provide 100% assistance with no penalty.”
Kirk said officers’ education-first mindset has partially contributed to a steady decline in their unhoused population, as it went from 110 in 2024, to 54 in 2025, and to an estimated 32 for 2026.
He said officers have also made 13 successful referrals for those sleeping in their cars in the last six months.
City commissioners adopted the ordinance unanimously Tuesday, and it will go into effect immediately. 
The punishment for violations includes a fine of up to $500, and/or up to 60 days in jail.

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