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San Antonio, TX Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

Offense class
Class C misdemeanor, up to $500
Governing section
Sec. 21-28
Covered acts
Storing belongings, tents, campfires, cooking, digging
Affirmative defense
Owner or owner's permission
Park exception
Camping/cooking allowed under park rules

Summary

San Antonio makes it unlawful to camp in any public place outside city-designated areas under City Code Sec. 21-28, a Class C misdemeanor punishable by up to $500. The ban covers storing belongings, pitching tents or shelters, cooking, campfires and digging on streets, parks, sidewalks and other outdoor areas the public can access.

(a)Except in designated areas, it shall be unlawful for any person to camp in any public place.(b)In this section, the term public place means an outdoor area to which the public has access and includes, but is not limited to, streets, highways, parks, parking lots, alleyways, pedestrian ways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.(c)In this section, the term "camp" means to use a public place for living accommodation purposes such as, but not limited to any of the following:(1)Storing personal belongings;(2)Making a camp fire;(3)Using any tents shelter or other structure, furniture, refuse or vehicle for living accommodation;(4)Carrying on cooking activities; or(5)Doing any digging or earth breaking.

Full Breakdown

Sec. 21-28(a) bans camping in any public place except in areas the city designates for it. Subsection (b) defines 'public place' broadly as any outdoor area to which the public has access, expressly listing streets, highways, parks, parking lots, alleyways, pedestrian ways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. Subsection (c) defines 'camp' as using a public place for living-accommodation purposes, which the section illustrates with five non-exclusive examples: storing personal belongings, making a campfire, using a tent, shelter or other structure, furniture, refuse or vehicle for living accommodation, carrying on cooking activities, or digging or earth-breaking.

Subsection (d) instructs that these activities count as camping when it reasonably appears, considering all the circumstances, that the participants are using the area for living-accommodation purposes, regardless of their stated intent or any other activity they may also be engaged in. Two carve-outs limit the reach of the ban: subsection (e) makes it an affirmative defense that the person owns the property or has secured the property owner's permission to camp there, and subsection (f) exempts camping or cooking in a city park done in compliance with that park's own regulations.

Violations & Fines

Any of the activities listed in subsections (a) through (d), meaning storing belongings, pitching a tent or other shelter, camp fires, cooking, or digging in a public place outside a designated area, is a Class C misdemeanor carrying a fine up to $500. It is an affirmative defense that the person owns the property or has the owner's permission to camp there, and the ban does not reach camping or cooking inside a city park done in compliance with that park's own regulations.

Frequently Asked Questions

What exactly makes something 'camping' under San Antonio's ordinance?
Sec. 21-28(c) defines camping as using a public place for living-accommodation purposes, listing storing personal belongings, building a campfire, using a tent, shelter, furniture or vehicle for accommodation, cooking, and digging or earth-breaking as covered activities, evaluated together under subsection (d) regardless of the person's stated intent.
Is it legal to sleep outside anywhere in San Antonio?
Only in areas the city designates for that purpose. Sec. 21-28(a) bans camping in any public place except designated areas, defining public place broadly to include streets, parks, parking lots, alleyways and the common areas of apartment complexes, schools and office buildings.
Can someone camp in their own backyard or a friend's yard?
Yes. Sec. 21-28(e) makes it an affirmative defense to prosecution that the person owns the property or has secured the property owner's permission to camp there, so the ban targets unauthorized use of public and other people's property rather than private, permitted camping.

Sources & Official References

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