The Legality of Car Sleeping in South Carolina: What You Need to Know

The Legality of Car Sleeping in South Carolina What You Need to Know

South Carolina lacks a statewide law explicitly banning sleeping in vehicles, leaving legality to local ordinances, private property rules, and public safety statutes. Travelers and those facing housing insecurity often rely on car living, but cities like Charleston and Columbia enforce no-overnight-parking zones, with fines escalating for repeat violations. Recent 2026 laws focus on unrelated issues like traffic and taxes, maintaining the status quo on vehicle habitation.​​

No South Carolina statute directly prohibits car sleeping, unlike taxi restrictions under §58-23-1350 that bar drivers from using cabs as sleeping quarters. General laws against public intoxication (§16-17-530), disorderly conduct (§16-17-530), or trespassing (§16-11-620) apply if sleeping leads to complaints or unsafe conditions. Officers typically issue warnings before citations, prioritizing moving along over arrests unless impairment exists.​

Rest areas allow short-term parking but prohibit overnight camping, aligning with federal guidelines limiting stays to 24 hours in some spots. Highways ban shoulder parking, pushing sleepers to Walmart lots, truck stops, or churches with permission.​

Major Cities’ Ordinances

Charleston bans overnight parking in residential zones from 12 a.m. to 6 a.m., with $100+ fines; beach areas like Folly enforce 24-hour vehicle bans. Columbia restricts streetside sleeping via no-parking signs, while Greenville allows it in some commercial zones if discreet. Myrtle Beach prohibits vehicles on beaches overnight, citing safety and erosion.​

Local police in North Charleston report complaint-driven enforcement, advising quick exits by dawn. No city outright bans car sleeping but regulates parking duration and visibility.​

Private Property Considerations

Walmart, Cracker Barrel, and Cabela’s often permit overnight RV/car parking if requested, but policies vary by manager; apps like iOverlander track tolerant spots. Trespassing charges arise without permission, even on empty lots, as owners post “No Overnight Parking” signs. Hotels and casinos sometimes offer free lots for guests.​

Seek verbal approval to avoid tows, which cost $200+ plus storage fees.

Safety and Practical Risks

Intoxicated sleeping risks DUI arrests, as keys in ignition imply operation per implied consent laws. Carbon monoxide poisoning threatens from idling in enclosed spaces; ventilate properly. Theft and harassment rise in urban areas, so use window covers sparingly and alarms.​

Winter hypothermia and summer heat demand insulated setups; churches provide safer daytime havens.

Enforcement Realities

Most encounters stem from neighbor complaints, not patrols; stay under 8 hours, depart early, and avoid littering. Fines range $50-$500, rarely jail unless warrants exist. Homeless advocates note police discretion favors warnings for tidy, sober individuals.​

Rural counties prove lenient absent signs.

South Carolina’s 24-hour Walmart rule applies selectively; truck stops charge $10-15 nightly. State parks offer car camping for $20/night with facilities. Nonprofits like Upstate Homeless Coalition provide shelters, while vans evade scrutiny better than sedans.​

Federal lands near borders allow dispersed camping.

Rights During Police Encounters

Remain calm, provide ID if requested, and assert no trespass if public; refuse searches politely. Record interactions; cite lack of probable cause for ejection. Homeless protections under Jones v. City of Los Angeles limit anti-camping laws’ scope, though untested locally.​

Seek legal aid from SC Legal Services for citations.

Recent Developments in 2026

New Year’s laws address sales tax holidays and road safety, omitting car sleeping amid national debates. Rising homelessness (8,000+ statewide) pressures municipalities, but no bans emerged. Neighboring North Carolina mirrors restrictions.

SOURCES:

  1. https://abcnews4.com/newsletter-daily/new-year-means-new-laws-coming-in-south-carolina
  2. https://www.youtube.com/watch?v=jXMg67ukaxg

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