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San Clemente, CA Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

Chapter
8.86, Camping
Prohibited on
City land, private open space, fire-risk areas
Property storage
90 days, Section 12.18.040
Pre-removal notice
24 hours for essential items
Enforcement agencies
OCFA, OC Sheriff, City Code Compliance
Max penalty
$1,000 fine or 6 months jail

Summary

San Clemente bans camping on City-owned land, in private open space designated by the zoning code or General Plan, and in areas the Fire Chief flags as fire-risk. A companion ordinance lets the City or Orange County Sheriff remove unattended personal property from public property, with notice, 90-day storage, and a retrieval process.

Except as otherwise provided by this Code or by resolution of the City Council, it is unlawful for any person to engage in camping:A.Upon any land or easement owned, operated, or managed by the City;B.Upon any land for which Title 17, Zoning, the General Plan, or a specific plan designates as private open space and prohibits camping;C.Upon any land designated by the Fire Chief as a fire risk area. Fire risk areas include, but, are not limited to, areas in or near a very high fire hazard severity zone identified by the City or by the California Department of Forestry and Fire Protection, areas in or near a wildland-urban interface, and areas in or near to a heightened fire rating by the Orange County Fire Authority.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

86 defines camping as pitching or occupying camp facilities, such as tents or huts, or using camp paraphernalia like tarps, cots, sleeping bags, or non-City cooking gear. 020 prohibits camping on any land or easement the City owns, operates, or manages; on land Title 17, the General Plan, or a specific plan designates as private open space where camping is barred; and on land the Fire Chief designates a fire-risk area, including very-high fire-hazard severity zones and wildland-urban interface areas identified by the City or the California Department of Forestry and Fire Protection.

18, Public Storage of Personal Property. 030, storing non-essential personal property on City property is prohibited outright, subject to permit and City-authorized exceptions. 040 sets the removal procedure: abandoned property may be discarded immediately, but unattended stored property in a critical use area, such as within ten feet of an entrance or an ADA-required clear path, requires post-removal notice, while property elsewhere requires 24-hour pre-removal notice for essential items like tents, bedding, and medications. Enforcement personnel, meaning the Orange County Fire Authority, the Orange County Sheriff's Department, and City Code Compliance, Park Ranger, or Marine Safety staff, must store removed property for 90 days and let owners retrieve it during City Hall business hours. 010.

Violations & Fines

Camping violations are enforced under Section 1.16.010's general penalty: a misdemeanor carrying up to $1,000 in fines and six months in county jail, or prosecution as an infraction with fines rising from $100 to $500 for repeat offenses in a year. Property seized under Chapter 12.18 that presents a health risk, such as items soiled by bodily fluids or infested with vermin, may be discarded without the standard notice and storage steps.

Frequently Asked Questions

Where is camping illegal in San Clemente?
Section 8.86.020 bars camping on any land the City owns or manages, on private open space the zoning code, General Plan, or a specific plan designates off-limits to camping, and on land the Fire Chief designates a fire-risk area, including very-high fire-hazard zones and wildland-urban interface areas identified by the City or CAL FIRE.
What happens to a tent or belongings the City removes from an encampment?
Under Chapter 12.18, abandoned items can be discarded immediately. Unattended but clearly owned property gets pre-removal notice for essential items like tents and medications, or post-removal notice if it blocks a critical use area. The City or Sheriff must store it for 90 days and let the owner retrieve it during business hours.
Can the City throw away a homeless person's belongings without warning?
Only if the property meets the code's definition of abandoned, meaning its condition or location shows the owner gave up any claim to it, or if it poses a health risk such as being soiled by bodily fluids or infested with insects, per Section 12.18.040(A) and (B)(6)(a).

Sources & Official References

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