Sleeping in your car is a practical option for travelers or those in need of temporary shelter, but Delaware’s laws and local ordinances set important limits on where and how you can do this legally.
Statewide Laws
- No Statewide Ban on Sleeping in Your Car: Delaware does not have a law that specifically prohibits sleeping in your car. However, where you park—and for how long—matters most.
- Parking Restrictions: State law prohibits stopping, standing, or parking a vehicle in certain locations, including but not limited to:
- On sidewalks
- In front of driveways
- Within intersections or crosswalks
- Within 15 feet of a fire hydrant
- On bridges, tunnels, or where official signs prohibit parking
- Anywhere that obstructs traffic or the free passage of vehicles
Violating these rules can result in a civil penalty, though not a criminal offense.
- Highways and Roadways: You cannot park or leave your vehicle standing on the roadway of a highway unless it is an emergency or unavoidable.
Local Ordinances and Private Property
- City and Town Rules: Many Delaware cities and towns have their own ordinances restricting overnight parking or sleeping in vehicles, especially on public streets. For example, some towns prohibit overnight parking on certain streets or in public lots.
- University and Campus Rules: At the University of Delaware, overnight parking is prohibited from 2am–5am without special authorization.
- Private Property: Parking and sleeping in your car on private property (such as a store parking lot) is only legal with the property owner’s permission. Some businesses, like certain Walmarts or Cabela’s, may allow overnight parking if you check with management first.
Safe and Legal Places to Sleep in Your Car
- Rest Stops: Delaware’s highway rest stops are generally considered safe places for short-term car sleeping, especially for tired drivers. However, extended overnight stays may attract attention from law enforcement.
- State Forests: If you have a tent, you may camp (and thus sleep in your car) for one night at Delaware state forests without a permit.
- Some Businesses: Large retailers (e.g., Walmart, Cabela’s) may permit overnight parking, but always ask for permission first.
Key Takeaways
- Sleeping in your car is not inherently illegal in Delaware, but parking laws and local ordinances strictly regulate where you can do it.
- Never park or sleep in your car where it is specifically prohibited (e.g., highways, bridges, restricted city streets, or private property without permission).
- Rest stops and certain private lots (with permission) are the safest bets for legal car sleeping.
- Check local ordinances before sleeping in your car, as rules vary by city and even by neighborhood.
While Delaware does not ban sleeping in your car, you must follow all parking regulations and local rules. Always ensure you are parked legally and, when in doubt, seek permission from property owners or check with local authorities to avoid fines or being asked to move.
Sources:
- https://delcode.delaware.gov/title21/c041/sc10/index.html
- https://www.delawareohio.net/about-us/parking
- https://delcode.delaware.gov/title22/c005/index.html
- https://www.reddit.com/r/Delaware/comments/1f5naba/where_can_i_sleep_in_my_car_in_north_delaware/