The Camping Ordinances are more generally referred to as the "Camping Ban," but in actuality they are a ban on one of the most basic human necessities of life: sleep. They make illegal the act of sleeping in public at night, therefore criminalizing the homeless in the City of Santa Cruz. The Camping Ordinances are often enforced in a similar manner to the Sit-Lie Ordinances, which are also considered to discriminate against the homeless.
6.36.010 CAMPING PROHIBITED
No person shall camp anywhere in the city of Santa Cruz, whether on public or private property, except as hereinafter expressly permitted. “To camp” means to do any of the following: [THE SLEEPING BAN:](a) Sleeping – 11 p.m. to 8:30 a.m. To sleep at any time between the hours of 11 p.m. to 8:30 a.m. in any of the following places: (1) Outdoors with or without bedding, tent, hammock or other similar protection or equipment; (2) In, on or under any structure not intended for human occupancy, whether with or without bedding, tent, hammock or other similar protection or equipment; (3) In, on or under any parked vehicle, including an automobile, bus, truck, camper, trailer or recreational vehicle. [THE BLANKET BAN: ] (b) Setting-up Bedding – 11 p.m. to 8:30 a.m. To establish or maintain outdoors or in, on or under any structure not intended for human occupancy, at any time between the hours of 11 p.m. to 8:30 a.m., a temporary or permanent place for sleeping, by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment in such a manner as to be immediately usable for sleeping purposes. D[THE CAMPING BAN:] (c) Setting-up Campsite – Anytime. To establish or maintain outdoors or in, on, or under any structure not intended for human occupancy, at any time during the day or night, a temporary or permanent place for cooking or sleeping, by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting up any cooking equipment, with the intent to remain in that location overnight.
6.36.020 CAMPING PERMITTED
Camping may be permitted in the city of Santa Cruz only under the following circumstances:(a) Camping in public areas specifically set aside and clearly marked for public camping purposes; (b) Camping events authorized and permitted by the Santa Cruz City parks and recreation department; (c) Camping events authorized by the city council pursuant to Section 6.36.030; (d) Camping: (i) In the yard of a residence with the consent of the owner or occupant of the residence, where the camping is in the rear yard, or in an area of a side yard or front yard that is separated from view from the street by a fence, hedge or other obstruction; or (ii) Inside of a licensed and registered motor vehicle in the parking lot on the site of a religious institution with the written consent of such institution, where the driver/occupant of such vehicle is in possession of a valid driver’s license, provided that no more than three vehicles shall be permitted at any one location; or (iii) Inside of a licensed and registered motor vehicle in the parking lot on the site of a business institution in a non-residential district with the written consent of both the business institution and property owner, where the driver/occupant of such vehicle is in possession of a valid driver’s license, provided that no more than two vehicles shall be permitted at any one location; (iv) Inside a licensed and registered vehicle in a residential off-street driveway with the written consent of the owner and occupant of the residence, where the driver/occupant of such vehicle is in possession of a valid driver’s license, provided that no more than one vehicle shall be permitted at any one location. No particular location shall be used for camping under this provision for more than three days during any one calendar month.
6.36.040 PENALTY – SINGLE OFFENSE
Any person who violates any section in this chapter is guilty of an infraction and shall be subject to a fine of not more than twenty dollars. Alternatively any person who violates any section in this chapter, in lieu of a fine may, if that person so requests, be required to provide no more than eight hours of community service.
6.36.050 PENALTY – SUBSEQUENT OFFENSE WITHIN TWENTY-FOUR HOURS
Any person who violates any section in this chapter, other than subsections (a) and (b) of Section 6.36.010, and is cited for such violation, and who within twenty-four hours after receiving such citation again violates the same section, is guilty of a misdemeanor. 6.36.055 CITATIONS ISSUED WHEN WINTER SHELTER ARMORY IS FULL. Any citation issued for a violation of this chapter shall be dismissed by the city attorney in the interest of justice if, at the time of citation issuance, the winter shelter at the Santa Cruz National Guard Armory is filled to capacity.
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