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Boulder, CO Homelessness & Encampment Rules: Encampment Sanitation (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
B.R.C. § 5-6-10, Camping Ban
City property
Camping barred outright
Other property
Camping needs prior permission
Camp definition
Excludes daytime napping, picnicking
Dwelling exemption
Lawful dwellings excluded (§5-1-1)
Maximum penalty
$2,650 fine and/or 90 days jail

Summary

Boulder bans unauthorized camping citywide under B.R.C. § 5-6-10: no one may camp on city-owned park, parkway, recreation, or open-space land at all, and camping on any other public or private property requires the property owner's or controlling official's advance permission. There is no dedicated sanitation or cleanup procedure written into the section itself; the tool the city uses is the camping prohibition.

(a)No person shall camp within any park, parkway, recreation area, open space, or other city property.(b)No person shall camp within any public property other than city property or any private property without first having obtained:(1)Permission of the authorized officer of such public property; or(2)Permission of the owner of private property. ... (d)For purposes of this section, camp means to reside or dwell temporarily in a place, with shelter, and conduct activities of daily living, such as eating or sleeping, in such place. But the term does not include napping during the day or picnicking. The term shelter includes, without limitation, any cover or protection from the elements other than clothing.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 167 Update 3).

Full Breakdown

Section 5-6-10, commonly called Boulder's camping ban, works as a strict permission rule rather than a sanitation or cleanup ordinance. Subsection (a) flatly bars camping on any city-owned park, parkway, recreation area, open space, or other city property, no permission process is offered for those locations at all. Subsection (b) is more flexible for everywhere else: camping on other public property or on private property is allowed only with prior permission, from the authorized officer in charge of that public property, or from the private property's owner.

"Camp" is defined narrowly in Subsection (d): residing or dwelling temporarily in a place, with shelter, while conducting daily-living activities such as eating or sleeping there; the definition specifically excludes daytime napping and picnicking, and "shelter" means any cover or protection from the elements other than clothing, which is what lets the city treat a tent, tarp, or lean-to as camping while a person resting on a bench is not. Subsection (c) exempts any lawful "dwelling" in the city as defined in Section 5-1-1, so the ban targets unauthorized outdoor camping, not housed residents.

Subsection (e) gives the city an evidentiary shortcut: testimony from an agent who grants permission, or who would know of it through their duties, that no permission was given is prima facie evidence of that fact. The section contains no separate sanitation, notice, or belongings-storage protocol; cleanup and outreach around encampments are handled administratively rather than in this text. A citation is prosecuted in Boulder Municipal Court under the Title 5 general penalty in Section 5-2-4: a fine of up to $2,650 per violation, up to ninety days in jail, or both.

Violations & Fines

Camping without the required permission is a Title 5 offense carrying the general penalty of Section 5-2-4: up to $2,650 per violation, up to ninety days in jail, or both, with jail available only on proof the camping was intentional, knowing, or reckless. Because Section 5-6-10 sets no separate notice-and-cleanup procedure, enforcement against an existing encampment proceeds directly to citation once officers establish the camp meets the section's definition and no permission was obtained.

Frequently Asked Questions

Is it ever legal to camp on Boulder city property?
No. Section 5-6-10(a) bars camping on any city-owned park, parkway, recreation area, open space, or other city property outright; there is no permission process for those locations, unlike camping on other public or private property, where the section allows it with the controlling official's or owner's advance consent.
What counts as 'camping' under Boulder's ordinance?
Section 5-6-10(d) defines camping as residing or dwelling temporarily in a place with shelter while doing daily-living activities like eating or sleeping there. The definition excludes daytime napping and picnicking, and 'shelter' means any cover from the elements besides clothing, so a tent or tarp counts but sitting on a bench does not.
Does Boulder's camping ordinance require a cleanup notice before enforcement?
No. Section 5-6-10 itself contains no notice, sanitation, or belongings-storage procedure; it is written purely as a permission requirement, camping is either barred outright on city property or requires the owner's or controlling official's consent elsewhere, with any cleanup or outreach process handled outside this section.
Can someone camping with permission still be cited?
Not under this section, permission from the authorized officer of public property or the private owner is a complete defense under Subsection (b), and Subsection (e) lets the city prove lack of permission through an agent's testimony, which also means an agent's confirmation of permission defeats the charge.

Sources & Official References

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