Is It Illegal To Sleep In Your Car

Whether you have done a long drive or have drank a little too much after a night out, sleeping in your car is an option that many people turn to when they have no other option. However, there is always the concern in the back of your mind that wonders if sleeping in your car is illegal or not. While it may seem like a weird choice to pick for some, it is an essential decision for those who cannot afford rent or are experiencing financial problems. 

Is It Illegal to Live in Your Car?

There are no federal laws that inherently prohibit people living in their car, however, there are local laws and restrictions that prohibit people from living in their car in certain locations. Areas such as residential neighborhoods, streets, and businesses do not allow overnight or long-term parking to take place. In fact, any violation of these rules may result in the car being towed and the car owner being fined for several violations.

While California has enacted the Right to Rest Act, which allows people to occupy and utilize public spaces to rest and relax without discrimination, this is more meant to prohibit class-based discrimination and harassment  for those who do not have a private place to rest. However, the act does state a person can occupy a motor vehicle for any purpose, if the vehicle is legally parked on public and/or private property with permission. 

Can I Sleep for a Night in My Car?

According to Los Angeles Municipal code section 85.02, people are not allowed to dwell inside a vehicle between the hours of 9:00 P.M. and 6:00 A.M. on any residential street or anywhere within a one block radius of any park, school, pre-school, or daycare facility. Failure to comply with these rules will result in a $25 infraction for each violation. If these infractions are not paid or if they are continued to be issued, more serious charges and violations will be placed on the violators. Depending on the violator’s circumstances, they may be eligible for a referral to the city’s Homeless Engagement and Response Team (HEART).

Do You Have to Crack a Window When Sleeping in Your Car?

You do not need to crack open a window when sleeping in your car, but it may be recommended if you require a source of air flow and to cool down the car’s interior. However, if the area you parked your car in is not safe, then it is recommended that you do not crack open a window, as it may invite the possibility of carjackers from taking advantage of the situation. Whatever you decide on, it is important to consider all of the possible factors that can occur in the area before you choose to sleep in your car.  

Is It Forbidden to Sleep in the Car?

While there is no specific law that forbids people from sleeping in their car, the location of where the car is parked may have an impact on your ability to stay. For instance, if you park in a private property then the people who own the land can contact the police for trespassing, especially if it goes on longer than expected. However, for public areas and street parking, it will be entirely dependent on local laws, parking restrictions, and the overall judgment of the assessing officer.   

What Happens if a Cop Catches You Sleeping in Your Car?

If a police officer catches you sleeping in your car, they may simply ask you to move your car to another location to sleep in. However, depending on the city jurisdiction and the judgment of the assessing officer, you may be cited for a violation and could potentially have your car towed as a result. So if you need to sleep in your car for whatever reason, it is important to double check for any parking restrictions in the area to avoid getting into legal trouble. 

However, if you believe you were subjected to unlawful treatment by local law enforcement or a third party, you may be eligible to seek compensation regarding the matter. Contact us today by calling (213) 927-3700 or by filling our contact form to schedule a free consultation with our compassionate and talented legal team.