Public places within the city should be readily accessible to residents and the public at large. The use of public places for camping can interfere with the rights of others to use these places for the purposes for which they were intended. Camping in these places can also endanger the public health and the environment when camping-related waste and human waste are disposed of improperly, particularly in environmentally sensitive areas, such as native habitat, open spaces and watercourses. Human presence in open spaces, other than on designated trails, can also increase the risk of wildfire danger and possible injuries to and from threatened wildlife. Additionally, camping on private outdoor property without permission of the owner or lessee interferes with the owner or lessee's property rights and desire to utilize the private outdoor property for lawful and authorized purposes.
The purpose of this chapter is to maintain public places and private outdoor property within the city in a clean and accessible condition and to protect the public health, safety, and environment by ensuring that camping occurs only in those designated areas where appropriate provisions have been made for handling camping-related waste, food preparation, and fires.
(Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021)
As used in this chapter:
"Beach"
means those areas as defined in Carlsbad Municipal Code Section 11.32.020.
"Camp"
means to use camping implements in an outdoor area or to erect or occupy a camp facility for living accommodations purposes such as sleeping activities, preparations to sleep (including the laying down of bedding for the purpose of sleeping), storing personal property, or making a campfire. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants in these activities are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" does not include picnicking, sitting, lying, or sleeping in an outdoor area or in a camp facility that is not being used for living accommodations purposes. This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property, Trespass and Disorderly Conduct."
"Camp facility"
means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping, living accommodations purposes, or carrying on cooking activities. "Camp facility" also includes a vehicle of any kind, whether or not the vehicle is operable, while parked and being used for sleeping or living quarters.
"Camping implements"
means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets, luggage, back-packs, kitchen utensils, cookware, clothing, and similar gear or materials.
"City personnel"
means the Police Department and its third-party contractors and any other city employees or third-party contractors designated by the City Manager.
"Highway"
means a way or place of whatever nature, publicly maintained and open to public use for purposes of vehicular travel.
"Open space"
means any parcel of land or water which is unimproved and devoted to an open space use, and which is designated as an Open Space Zone in Title 21 of this code.
"Park"
means those areas as defined in Carlsbad Municipal Code Section 11.32.010.
"Parkway"
means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.
"Person"
is defined as any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity recognized by law as the subject of rights or duties.
"Personal property"
includes the following items:
1. 
Medication, medical devices, eyeglasses, or other prescription lenses;
2. 
Sleeping bag or bed roll which is sanitary and non-verminous;
3. 
Tents in usable and reasonably good condition;
4. 
Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous;
5. 
Nonperishable food items; and
6. 
Personal property with an estimated individual fair market value of at least $50.00.
"Public place"
means any property in the city-owned, leased, licensed, or operated by a public entity that is accessible to the public, including any of the following: parks, beaches, alleyways, parking lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space, sidewalks, curbs, and public educational institutions.
"Shelter"
means a structure designed to provide homeless persons and unstably housed individuals with overnight sleeping accommodations and relief from the elements. The "shelter" may offer meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include a safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity.
"Sidewalk"
means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation, for pedestrian travel.
"Store"
means to put aside or accumulate for use when needed, to place for safekeeping, or to put in place or leave in a particular place, whether attended or unattended.
"Street"
means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in the city dedicated and open to public use, or such other public property so designated by state law.
"Tent"
means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric.
"Unattended personal property"
means no person is present with an item or items of personal property who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public place so that it may be appropriated by the next comer. Personal property is not considered "unattended" if a person is present with the personal property and the person claims ownership over the personal property.
"Vehicle"
has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.
(Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021; Ord. CS-487, 3/18/2025)
A. 
Public Property.
1. 
It is unlawful for any person to:
a. 
Camp or sleep in open space at any time.
b. 
Camp or sleep upon any public street, public park, public beach, or other public place, except in areas which have been specifically posted, designated, or permitted for such purposes, if the person has access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to them for free, and the person willfully refuses such shelter for any reason unrelated to the exercise of a state or federal constitutional right.
2. 
It is not the intent of this section to prohibit lawful protesting, picketing, demonstrating, signature gathering, voter registration, leafleting, or any other lawful activity.
B. 
Private Property.
1. 
It is unlawful for any person to camp on any private outdoor property without the express written or verbal permission of the owner or lessee of such property.
2. 
This subsection is not intended to:
a. 
Prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents to the camping activity.
b. 
Prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes.
c. 
Prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by Title 21 of this code or other applicable laws, ordinances and regulations.
C. 
The City Manager or designee may issue a temporary permit to allow camping on public or private property in connection with special events (Chapter 8.17) or emergency services (Chapter 6.04).
(Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021)
A. 
It is unlawful for any person to start or maintain any fire in a public place, except in such areas specifically designated by the City Manager or designee for such fires, including stoves, barbecue pits, and fire rings.
B. 
It is unlawful for any person to cook food in a public place, except as otherwise allowed by this code or by license or permit, or except in locations specifically designated by the City Manager or designee.
(Ord. CS-405 § 2, 2021)
A. 
Unlawful Storage. It is unlawful for any person to store or leave unattended any personal property, including camp facilities or camping implements, in a public place between the hours of 6:00 a.m. and 10:00 p.m., except as otherwise provided by this code or pursuant to a valid license or permit. This subsection is not intended to permit storage of personal property where otherwise prohibited by this code.
B. 
Property Removal. City personnel may remove and store personal property that is unlawfully stored, unattended, or otherwise found in an unlawful encampment pursuant to applicable written and publicly available police department policies and procedures.
C. 
Obstruction or Interference with Property Removal. It is unlawful to willfully interfere with, resist, delay, or otherwise obstruct city personnel from moving, removing, impounding, or discarding personal property pursuant to Section 8.36.050(B).
(Ord. CS-405 § 2, 2021)
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated.
(Ord. CS-405 § 2, 2021)