Is it illegal to sleep in car? (Carlsbad: RV parks, home)

[secguy2010]

Is it illegal to sleep in car? As one night in Carlsbad, California at 2 am I was awoke by police and made aware of the law and asked to move on. I'm a professional who works for the government. I own a home in California. I have been doing this for over 40 years as I surf and like to get up early and actually enjoy getting away a night. I use to be able to sleep right on the beach. What is odd is they said it was illegal camping. That’s what I want to understand in the law. I spent $30 in the local restaurant that’s has live music outside by fire which I do every Friday night and walk back to my VAN. I actually own and pay property tax to CB. I had no camping equipment in the van and no food. My stay over would be about 5 hrs. I get up at 6am to head to the beach.. I was at a train station parking space as many cars are left all night and no signs indicating no sleep over’s. Where do you find the law on this topic?

[Gentoo]

I don't think there's a state law that prohibits it. Some municipalities do prohibit it. In others there may not be a law against it but you may still get harassed.

[Curmudgeon]

No camping laws usually include sleeping in vehicles except for designated campgrounds, RV parks and rest stops and are up to each municipality and jurisdiction.

[Trevorness]

I just had a VERY similar experience which inspireed this internet activity. Sleeping in truck-woke at 2am- threatened with a ticket. Unfortunately I did find the ordinance for Carlsbad at: [url=http://www.municode.com]Home[/url] which says that our activity is illegal.

8.36.010 - Purpose.

Public streets, public parks, public beaches and other public property within the city should be readily accessible to residents and the public at large. The use of these areas for camping can interfere with the rights of others to use these areas for the purposes for which they were intended. Camping can also endanger the public health and the environment when camping-related waste is disposed of improperly. The purpose of this section is to maintain public streets, public parks, public beaches and other public property within the city in a clean and accessible condition and to protect the public health and environment by ensuring that camping occurs only in those areas where appropriate provisions have been made for handling camping-related waste.

8.36.020 - Definitions.

As used in this chapter:

(a)
"Camp" means to use camp paraphernalia in an outdoor area or to erect or occupy a camp facility.

(b)
"Camp facility" includes a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping or living quarters. "Camp facility" also includes a camper, motor home, recreational vehicle, or other vehicle while parked and being used for sleeping or living quarters.

(c)
"Camp paraphernalia" includes cots, beds, hammocks, sleeping bags, bedrolls, portable cooking equipment and similar gear.

8.36.030 - Unlawful camping.

It is unlawful for any person to camp in or upon any public street, public park, public beach, or other public property, except in areas which have been specifically posted and designated for such purposes.

[1AngryTaxPayer]

Technically, if you are not caught "sleeping" they can't ticket you. If you get up to open the door you are no longer sleeping.

Get some good curtains and don't answer the knock.

[nullgeo]

Originally Posted by 1AngryTaxPayer

Technically, if you are not caught "sleeping" they can't ticket you. If you get up to open the door you are no longer sleeping.

Get some good curtains and don't answer the knock.

As one who lives in a van, "curtains" are one of your first giveaways. There are techniques to living this way ... not real hard stuff to figure out or conform to ... but I don't discuss too much too often in too much detail lest I give my opposition any edge to discover me