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Homelessness & Encampment Rules

How Fullerton Handles Homelessness & Encampment Rules: A Practical Guide

By CityRuleLookup Editorial Team

If you live in Fullerton or are thinking about moving there, homelessness & encampment rules are one of those things you probably won't think about until they affect you directly. Fullerton has 2 specific rules on the books covering different aspects of homelessness & encampment rules, and some of them might surprise you.

Encampment Sanitation

Fullerton makes it unlawful to camp in any public park, public right-of-way, critical infrastructure area or public facility, defining camping broadly to cover sleeping, storing belongings, cooking or pitching a tent for living purposes, with violations charged as a misdemeanor.

Key details: Governing section: FMC § 7.105.020, Camping Unlawful. Banned locations: Parks, rights-of-way, critical infrastructure, public facilities. Camp definition: Sleeping, bedding, storage, fire, tents, cooking. Intent standard: Reasonable appearance, not stated intent. Penalty: Misdemeanor under § 7.105.030.

Section 7.105.030 makes any violation of Chapter 7.105, including the camping ban in Section 7.105.020, a misdemeanor. Separately, interfering with a city official, employee, contractor or volunteer carrying out a critical-infrastructure abatement under Chapter 7.108 is itself a violation under Section 7.108.050, and Section 7.108.060 exposes violators of that chapter to criminal sanctions, civil actions, administrative penalties under Chapter 1.10, and civil penalties under Chapter 1.08, with the city council having declared such violations a public nuisance.

Compared to other cities, Fullerton takes a harder line on encampment sanitation. The enforcement and penalty structure reflects that.

Sit-Lie Rules

Fullerton has banned standing, sitting or lying on any sidewalk, or in the entrance to a public-assembly building, since 1959 if it hinders or obstructs the sidewalk or entrance. FMC § 8.40.010 carries a single narrow exception: watching a permitted parade or similar event.

Key details: Governing section: FMC § 8.40.010. Originally adopted: Ordinance 996, 1959. Last amended: Ordinance 1487, 1967. Sole exception: Viewing a permitted parade/event. Penalty basis: General FMC § 1.08.010 infraction/misdemeanor.

Because § 8.40.010 does not set its own penalty, a violation is enforced under the general provisions of FMC § 1.08.010: the City Attorney or District Attorney may charge it as an infraction, punishable by a fine up to $100 for a first violation, $200 for a second within a year and $500 for each further violation within that year, or as a misdemeanor punishable by a fine up to $1,000, imprisonment up to six months in county jail, or both. The city may also pursue a civil action to enjoin or abate the conduct, and each day the obstruction continues is treated as a separate violation under § 1.08.030.

This is one of the stricter rules in Fullerton's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Fullerton is tougher than many cities when it comes to homelessness & encampment rules. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Fullerton, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Fullerton's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.