Encinitas council introduces ordinance tightening camping and sleeping‑in‑vehicles rules after heated public debate

City staff presented amendments to Encinitas Municipal Code chapter 9.01 to clarify enforcement of camping on private and public property and to broaden the hours and definitions related to sleeping in vehicles.

Charlotte Brenner, senior staff, summarized the three council‑initiated items: remove the phrase "at night" from the private‑property camping prohibition so that camping without the owner's permission is disallowed at all times; change the sleeping‑in‑vehicles enforcement window from 10PM–6AM to 8PM–6AM for public streets and property; and add a new, vehicle‑based violation section to allow non‑criminal, parking‑type enforcement that targets vehicles used as living quarters. "Staff recommends that the city council introduce ordinance number 2025‑15 to amend chapter 9.01 general offenses of the Encinitas Municipal Code relating to camping and sleeping in vehicles," Brenner said.

Public comment sharply divided the chamber. Speakers opposing the broadened language argued it risked criminalizing poverty and could sweep in day‑use beachgoers and families carrying personal gear. Beth Whitaker said, "Criminalizing sleeping in a car in today's economy is analogous to stabbing people and making it illegal for them to bleed on the sidewalk," and urged the council to consider humane alternatives. Others — including law enforcement and supporters of clearer definitions — said more explicit definitions help officers document camping behavior and connect people with services.

Legal staff and the sheriff’s office urged a "totality of the circumstances" standard and a non‑exhaustive list of items that could indicate a camping situation, while councilmembers pressed for guardrails to avoid profiling and for language distinguishing day‑use recreation from habitation. Council amendments added "storage of personal items," incorporated Carlsbad’s phrasing for "what camping is not," and retained a totality‑of‑circumstances test. The council unanimously voted to introduce ordinance 2025‑15 with those amendments and asked staff to place the definitional language so it applies across chapter 9.01 and to return with refined draft language.