Fountain Valley, CA Homelessness & Encampment Rules: Sit-Lie Rules (2026)

The provision behind this page is § 8.28.010 in Chapter 8.28, Conduct on Streets and Sidewalks. It makes it unlawful for any person to loiter, stand, or sit in or upon any public highway, alley, sidewalk or cross walk so as to hinder or obstruct the free passage of persons or vehicles passing or attempting to pass. The operative test is obstruction: the text turns on hindering passage, not on sitting alone. It names four places, public highway, alley, sidewalk and cross walk, and it protects both pedestrians and vehicles.

It does not mention homelessness, bedding, camping or any time of day, and this page covers § 8.28.010 only. The section was adopted as Ordinance 1286 § 2 in 1999. It sits beside § 8.28.020, which bars selling, offering or distributing goods, food or flowers within a major, primary or secondary highway right-of-way in the city. Chapter 8.28 has no penalty clause of its own, so the general penalty in § 1.16.010 governs: a violation is a misdemeanor unless the city attorney or other prosecutor elects to charge it as an infraction.

Organized gatherings on public streets are handled by a different chapter. Section 8.50.010 prohibits street events likely to attract at least seventy-five persons unless a street permit has been issued, and § 8.50.030 requires applications sixty days before the event, with the city manager waiving that limit for noncommercial speech activity when needed to protect First Amendment rights.