The Common Law

In recent months I've seen people camped out overnight in cars, recreational vehicles, and RV-style campers in the Zilker Park area close to the MoPac overpass. Is that allowed?

No. Vehicles are typically not allowed to park (or camp) overnight in a public recreation area. Zilker Park is considered a public recreation area.

Parking at Zilker between 10 p.m. and 5 a.m. is expressly prohibited by signage as well as city ordinance No. 20170615-023. However, if a person or their vehicle is at Zilker between the hours of 10pm and 5am because they are participating in a sanctioned, permitted activity, then they are allowed to park at Zilker consistent with the permitted activity. The Trail of Lights or Austin City Limits Music Festival are examples of permitted activities that may extend legal parking hours. If a vehicle is parked in Zilker between 10pm and 5am and there is no special event, then that vehicle is in violation of the city ordinance and is subject to ticketing and/or fines.

City ordinance No. 20170615-023 also makes it illegal to "camp" in Zilker between 10pm and 5am without a permit. It does not matter whether the camper intended to break the law; a ticket can be issued simply because the person was in fact camping at Zilker overnight. In other words, one cannot claim that they did not see the posted signs in order to avoid a ticket for RV-style camping. The city states that it has taken recent actions to make sure parking signs are visible in Zilker and officers have been notifying vehicle owners that camping is not permitted in Zilker.