" I would be very careful with sleeping in your car. The police can still give you a DUI even if you are not driving you car! "

" ^^ no "

" With this regulation in place why are so many motor homes/ Campers able to park on my and many other streets and parking lots leaving trash and brining other unwanted elements into the neighborhood? "

" I see people @ Target South Napa camping in campers and cars all the time. What's w/ that? I do see motor homes parked along the street, specifically by Walmart on Jordan Lane. I also think they are better things for the police to do than bust the illegal campers. "

" Lots of "campers" around the soup kitchens on Third and Fourth Street. "

" To littlejoe -

I believe you can only get a DUI if you have the keys in the ignition as if you are intending to drive. I do however believe they can give you a ticket & arrest you for being intoxicated in public though.

Best to either not drink, or just drink in the safe confines of your home. "

" Does Wal Mart fall under this municipal code? "

" MAGNUM - good question.

Section 12.65.020 of the Napa Municipal Code ("NMC") does not define the term "public" (id., see also NMC §§ 1.04.030, ). But "camping" in "[a]ny public parking lot or public area" is prohibited (NMC § 12.65.030).

On the one hand, Wal Mart's parking lot could be considered "public" even though it is not owned by the "public" (i.e. the City). On the other hand, there is no definition for "public." So there's an argument that the code is void for vagueness and unenforceable in that regard.

And if it is enforced because someone is sleeping in their car on the street, I would also question its enforceability. The intent of the ordinance is "to diminish problems such as disease, illness and crime by encouraging the use of appropriate shelter facilities" (NMC § 12.65.010).

Thus, the entire scheme appears to be conditioned on encouraging use of "appropriate shelter facilities" (id.). And I believe these "facilities" close at 5:00 p.m. Therefore, if someone sleeps in their car because all "appropriate facilities" are unavailable, the argument of necessity may be a viable defense based on the municipality's legislative intent.

Either way, it's just an infraction (NMC § 1.20.010). Unless the "camper" has other criminal activities going on, of course... "

" to stray --

You can be arrested for DUI if you are in the drivers seat of the vehicle with or with out the keys in the ignition.

You are right it is best not to drink and drive.

to frenchtoast -- you are so right Jordan Lane looks like a homeless camp for moterhomes "

" In this day of big brother, I'm so glad that my living out of my van"hippy days" are over. I feel so sad for youth seeking a free life today. PLEASE kids, rebel before its too late! "

" I've read that some cities in the bay area have parking lots designated for those who sleep in their vehicles at night. The story was about a lady and her two dogs, in a small SUV. It may have been city owned, or owned by a church, but it was a safe haven for those who are living that life right now. I see the problems, but it also seems like it might be a good idea...sort of like keeping all the campers in one area. "

" how would you possibly get a dui, who sleeps in the driver's seat?? "