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

Sleeping in your car in Delaware is not illegal at the state level, but the legality and practical considerations depend heavily on where you park and local ordinances. Here’s what you need to know:

Statewide and Rest Area Rules

• Rest Areas:
  • I-95 Welcome Center: There are no posted signs prohibiting overnight parking or sleeping in your car, and many travelers report being able to park overnight without issue. No official time limits are enforced here.
  • Smyrna Rest Area: This rest area enforces a six-hour limit for cars and an eight-hour limit for trucks/RVs. While overnight parking is effectively allowed up to these limits, you should not exceed them.
  • Other Rest Areas: Delaware has only a few official rest areas. Most do not prohibit sleeping in your car, but always observe posted signs and time limits.
• Statewide Ordinances:
  • There are no statewide laws specifically criminalizing sleeping in your car, but some regulations may apply if you block streets or create hazards.

Local Ordinances

• Cities and Towns:
  • Wilmington and Dover: Both cities have regulations that restrict overnight parking and sleeping in vehicles in certain public areas, especially parks and downtown streets.
  • Rehoboth Beach, Lewes, Bethany Beach: These beach towns generally prohibit overnight parking and sleeping in cars in public lots, particularly during tourist seasons.
  • Middletown and Newark: These towns may have ordinances prohibiting overnight parking in public or residential areas.
  • Georgetown: Sleeping in a motor vehicle or trailer is explicitly prohibited on any street or public place within town limits.
• Municipal Codes:
  • Always check the local municipal code or city website for the most up-to-date and legally binding information, as ordinances can change and enforcement may vary.

Practical Advice

• Check Local Laws: Before parking overnight, research the specific city or town’s ordinances to avoid fines or being asked to move.
• Rest Areas: Stick to official rest areas and observe posted time limits. The I-95 Welcome Center is generally the most permissive for overnight stays.
• Private Property: Sleeping in your car on private property (with permission) is usually legal, but always ask the property owner first.
• Safety and Comfort: Choose well-lit, populated areas for safety, and consider the weather and your comfort needs when planning to sleep in your car.

Summary Table

Sources:

1. https://milfordadvocacyforthehomeless.org/?page_id=7232
2. https://www.neighbor.com/storage-blog/can-you-sleep-at-a-rest-stop/
3. https://ecode360.com/6476035
4. https://www.boondockersbible.com/learn/delaware-rest-area-rules/
5. https://delcode.delaware.gov/title21/c041/sc10/index.html