Burlington, NC Homelessness & Encampment Rules: Encampment Sanitation (2026)
Key Facts
- Governing sections
- City Code §§ 23-35 to 23-37
- Adopted
- Ord. No. 22-38, 10-4-2022
- Max criminal fine
- $500, up to 30 days jail
- Enforcement
- Police and city employees, summary removal
- Exception
- Council-designated camping site only
- State overlay
- G.S. 14-159.12 trespass arrest
Summary
Burlington makes it unlawful to camp, sleep, lay out bedding or store personal belongings on any city-owned property, including public streets, sidewalks, rights-of-way and parking lots, or to pitch a tent or temporary shelter there except in locations the city council specifically designates for camping. City Code Section 23-36 declares the conduct a public nuisance, and police or city employees may summarily remove tents, bedding and belongings and order campers to leave.
Camp or camping. Use of city property, public streets, sidewalks, rights-of-way, and public parking lots for living accommodation purposes such as sleeping or making preparations to sleep ... or storing personal belongings, or placing any tents or a temporary shelter on such property for living accommodation purposes. ... ... Sec. 23-36. - Prohibited activities. (a)It shall be unlawful for anyone to camp or store personal property on any public property owned by the city including public streets, public rights-of-way and sidewalks.(b)It shall be unlawful to place tents, temporary shelters or other camping gear on public property owned by the city regardless of whether the tents are occupied and/or contain bedding or camping gear except in locations designated for camping by the city council. ... ... Sec. 23-37. - Enforcement and penalties. (a)Public nuisance. Any activity prohibited under this article is hereby declared to constitute a public nuisance. ... (c)A violation of this article may be punishable as a Class 3 misdemeanor subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment not exceeding thirty (30) days pursuant to G.S. 14-4 and G.S. 160A-175.
Full Breakdown
Article V of Chapter 23, adopted by Ordinance No. 22-38 in October 2022, defines "camp or camping" broadly as using city property, public streets, sidewalks, rights-of-way or public parking lots for living-accommodation purposes such as sleeping, preparing to sleep, laying down bedding, storing personal belongings, or placing a tent or temporary shelter. "Storing personal property" separately covers leaving effects such as clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks or backpacks unattended for a substantial, prolonged length of time, though it does not reach a parked bicycle or other mode of transportation.
Section 23-36 then makes four things unlawful on city-owned public property: camping or storing personal property; placing tents or temporary shelters, occupied or not; leaving a tent, shelter or stored property behind; and lighting a campfire or bonfire, except in each case where the city council has designated a specific location for that use. Section 23-37 treats any of this conduct as a public nuisance. A law enforcement officer or city employee may direct a person camping, preparing to sleep or storing belongings to stop and remove their gear, and may summarily remove any tent, temporary shelter, bedding or personal belongings from city property without a separate court order; the same authority extends to extinguishing an unauthorized campfire or bonfire.
A violation of the article is punishable as a Class 3 misdemeanor carrying a fine of up to five hundred dollars or up to thirty days' imprisonment under G.S. 14-4 and G.S. 160A-175, and a violator also remains subject to arrest under the state criminal trespass statute, G.S. 14-159.12. There is no permit process in this article for lawful outdoor camping; the only path around the ban is a city council-designated site.
Violations & Fines
Sleeping, laying out bedding, storing personal belongings, or pitching a tent or temporary shelter on any city street, sidewalk, right-of-way, parking lot or other city property violates Section 23-36 unless the city council has designated that specific site for camping. Lighting a campfire or bonfire on city property without council designation is a separate violation. Each is a Class 3 misdemeanor carrying up to a five hundred dollar fine or thirty days in jail, and campers also risk arrest under the state trespass statute.
Frequently Asked Questions
Is public camping illegal in Burlington, North Carolina?
Can police remove a homeless encampment in Burlington without a court order?
What happens if someone refuses to leave a Burlington encampment?
Are campfires allowed at a Burlington encampment?
Sources & Official References
Other rules in Burlington
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