Fountain, CO Homelessness & Encampment Rules: Encampment Sanitation (2026)
Key Facts
- Governing section
- Fountain Municipal Code § 9.24.070
- Adopted by
- Ordinance No. 1538 (2011)
- Exceptions
- Daytime napping and picnicking
- Maximum penalty
- $2,650.00 fine and/or 1 year jail
- Applies to
- Public property citywide, absent authorization
Summary
Section 9.24.070 of the Fountain Municipal Code bans camping on any public property unless a governmental authority specifically permits it, defining 'camp' to include sleeping or preparing to sleep, using a tent or other outdoor shelter, keeping a campfire or camp stove, or storing personal property outdoors. Daytime napping and picnicking are excluded from the definition.
A.It is unlawful for any person to camp on any public property, except as may be specifically authorized by the appropriate governmental authority.B.For purposes of this section, the term "camp" or "camping" means to use public property for living accommodation, including, but not limited to, the activities and circumstances listed below. ... 1.Sleeping or making preparations to sleep, including the lying down of bedding for the purpose of sleeping.2.Occupying a shelter out of doors. The term "shelter" shall mean any cover or protection from the elements other than clothing, such as a tent, shack, sleeping bag, or other structure or material. ... C.The term "camp" or "camping" does not include napping during the day or picnicking. The term "during the day" means from one-half hour after sunrise to one-half hour before sunset.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
24's Division I on offenses affecting property, alongside trespass and property damage offenses rather than in a dedicated homelessness chapter. Subsection A makes it unlawful to camp on public property except where a governmental authority specifically authorizes it. Subsection B defines 'camp' or 'camping' to mean using public property for living accommodation, and lists four activities and circumstances an officer may weigh in determining whether that has occurred: sleeping or laying down bedding to prepare to sleep; occupying a 'shelter,' meaning any cover or protection from the elements other than clothing, such as a tent, shack, sleeping bag, or other structure or material; maintaining a campfire, camp stove, or other heating or cooking source; and keeping or storing personal property.
Subsection C carves out two exceptions from the definition: napping during the day, meaning from half an hour after sunrise to half an hour before sunset, and picnicking. The ordinance was adopted by Ordinance No. 1538 in 2011 and has not been amended since. 010.
Violations & Fines
Camping on public property in violation of Section 9.24.070 is punished as a general Title 9 offense under Sections 9.04.080 and 1.12.010: a fine of up to $2,650.00, imprisonment in jail for up to one year, or both, with each day of continued camping a separate offense. Officers weigh the listed circumstances, sleeping, using a tent or shelter, a campfire, or stored belongings, in deciding whether a camping violation, rather than lawful daytime napping or picnicking, has occurred.
Frequently Asked Questions
Is sleeping outside illegal in Fountain, Colorado?
What counts as an illegal 'shelter' under Fountain's camping ban?
Does having a campfire on public land count as camping?
Can I be cited for storing belongings on public property without sleeping there?
Sources & Official References
Other rules in Fountain
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