In most of New Jersey, it is not illegal to sleep in your car as long as you are parked legally and not violating any other laws. There is no statewide ban on car sleeping, and many people safely nap in their vehicles during long trips or when too tired to drive.
Local Ordinances and Exceptions
However, local rules can override the general state approach. For example, Dennis Township in Cape May County has a strict ordinance banning sleeping in cars on public or quasi-public property. Violators face fines up to $2,000, up to 90 days in jail, or community service-or a combination of these penalties.
Other municipalities may have similar restrictions, especially in areas concerned about loitering or homelessness. Always check local signage and regulations before sleeping in your car.
Restrictions at Rest Areas and Highways
You cannot legally sleep in your car at rest areas or service plazas on the Garden State Parkway and New Jersey Turnpike. Overnight parking or sleeping is prohibited at these locations, and violators may be ticketed or asked to leave.
Private Property Considerations
Sleeping in your car on private property (such as a business parking lot) without permission can be considered trespassing. Many private lots, including those of big retailers, prohibit overnight parking or vehicle habitation and may have security enforce these rules.
Risks of Sleeping While Intoxicated
If you are intoxicated, sleeping in your car carries significant legal risk. New Jersey law allows for DUI charges even if you are not driving but are found “operating” or in control of the vehicle.
This includes situations where the engine is running for heat or air conditioning, the keys are in the ignition, or you are in the driver’s seat. Even with the engine off, you could be charged if police believe you intended to drive while intoxicated.
Extended or Repeated Car Sleeping
Using your car as a residence or sleeping in it for extended periods may violate local anti-camping or habitation ordinances. Fines for such violations can range from $250 to $1,000 depending on the municipality.
Key Takeaways
| Situation | Legal Status in NJ |
|---|---|
| Sleeping in car (general) | Legal statewide, unless local ban |
| Dennis Township/public property | Illegal, heavy penalties |
| Rest areas/service plazas | Illegal |
| Private property w/o permission | Can be trespassing |
| Sleeping while intoxicated | Risk of DUI charge |
| Extended/overnight car sleeping | May violate local ordinances |
Sleeping in your car is usually legal in New Jersey, but local laws, property rules, and your own circumstances (especially intoxication) can make it illegal. Always check local ordinances and avoid sleeping in your car if you are under the influence or on private property without permission.
Sources:
- https://973espn.com/this-is-the-only-town-in-new-jersey-where-you-cant-sleep-in-your-car/
- https://www.herringdefense.com/can-i-sleep-in-my-car-when-drunk-in-new-jersey/
- https://www.thevigilantelawfirm.com/am-i-allowed-to-sleep-in-my-car-while-drunk-in-new-jersey/
- https://reolink.com/blog/is-it-illegal-to-sleep-in-your-car/