How Fremont Handles Public Conduct: A Practical Guide

Fremont maintains 167 local ordinances across all categories, and 5 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Fremont falls on the strict-to-permissive spectrum compared to other cities.

Outdoor Smoking Restrictions

Fremont bans smoking in a wide list of outdoor public places, including outdoor dining areas, stadiums and amphitheaters, recreational areas, commercial sidewalks, and within 25 feet of any building entrance, exit, or air intake vent where smoking is barred indoors.

Key details: Outdoor dining: Smoking banned. Recreational areas: Smoking banned. Buffer zone: 25 feet from entrances/vents. First-offense fine: Up to $100. Second-offense fine: Up to $200 within 1 year.

Smoking in a covered outdoor area, such as an outdoor dining patio, a recreational area, a commercial sidewalk, or within 25 feet of a building entrance, exit, or air intake vent, is an infraction under Section 8.55.140: up to $100 for a first offense, $200 for a second within a year, and $500 for each additional violation within that year, enforced by the city manager's designated enforcement officers or by citizen-initiated civil action.

Compared to other cities, Fremont takes a harder line on outdoor smoking restrictions. The enforcement and penalty structure reflects that.

Public Urination

Fremont bans depositing human urine or feces on public property or on private property that is open to the public or visible from it. Violators face misdemeanor charges under Municipal Code Sec. 9.50.120, with exceptions for lawful restroom use and verified medical conditions.

Key details: Governing section: Fremont Municipal Code Sec. 9.50.120. Where prohibited: Public property or property visible/open to public. Restroom use: Exempt if a lawful sanitary facility. Medical exception: Exempt with a verified medical condition. Maximum misdemeanor penalty: $1,000 fine and/or 6 months jail.

A violation of Sec. 9.50.120 is a misdemeanor that may be charged as set forth in Sec. 1.15.010(b), giving the enforcing officer discretion to prosecute it instead as an infraction. If charged as a misdemeanor, the maximum penalty under Sec. 1.15.020(a) is a $1,000 fine, up to six months in county jail, or both. If reduced to an infraction, fines run $100 for a first conviction, $200 for a second within a year, and $500 for a third or later conviction within that year.

Public Alcohol Use

Fremont bars drinking or carrying an open alcoholic beverage in parks, plazas, and nearby public rights-of-way. Municipal Code Section 9.50.100 makes it unlawful, without a city manager permit, to consume alcohol or possess an opened container in any city park or within 500 feet of a park or commercial property's boundary.

Key details: Governing law: FMC Sec. 9.50.100. Covered areas: City parks, plazas, and 500 ft. buffer zones. Possession penalty: Infraction (Cal. Bus. & Prof. Code Sec. 25620). Consumption penalty: Misdemeanor, up to $1,000 fine or 6 months. Permit option: City manager may permit alcohol in some parks.

Under Section 9.50.100(c), mere possession of an open container in violation of the section is an infraction under Cal. Bus. & Prof. Code Section 25620. Subsection (d) makes actual consumption a misdemeanor chargeable under Section 1.15.010(b), and subsection (e) makes remaining in a covered area to drink its own misdemeanor, each carrying up to a $1,000 fine or six months in jail under Section 1.15.020.

Loitering Rules

Fremont's only loitering-specific ordinance targets illegal gambling: Municipal Code Section 9.05.120 makes it unlawful to loiter, with knowledge, about any public place where people are playing craps or a variation for stakes. The city has no general sidewalk-loitering ban for the public at large; this provision is narrowly tied to enforcement of the citywide craps prohibition in Section 9.05.110.

Key details: Governing law: FMC Sec. 9.05.120 (Craps loitering). Scope: Loitering near an active craps game only. Knowledge presumption: 10 feet, 5+ minutes (Sec. 9.05.140). Max penalty: $1,000 fine or 6 months jail. General sidewalk loitering: Not separately regulated citywide.

A loitering conviction under Section 9.05.120 is a misdemeanor under the citywide penalty section, Section 1.15.020, carrying a fine of up to $1,000, up to six months in county jail, or both, though the enforcement officer may charge it as an infraction instead. Presence within 10 feet of the game for five minutes or more is presumptive proof of knowledge under Section 9.05.140.

Skateboarding Rules

Fremont lets any property owner, public or private, ban skateboards, in-line skates, and roller skates on their land simply by posting authorized signs and filing a consent form with police under Municipal Code Chapter 10.15. Riding on properly posted property after that is a citable infraction enforced by the Fremont Police Department.

Key details: Covered devices: Skateboards, in-line skates, roller skates. Excludes: Public streets, sidewalks, highways. Sign size: 17 x 22 in., 1-in. letters. Prerequisite: Signed police consent form on file. Penalty class: Infraction under Sec. 10.15.050.

Riding a skateboard, in-line skates, roller skates, or a motorized version of any of these on property that carries the required signage and a police consent form on file is an infraction under Section 10.15.050, citable by Fremont police once the property owner has completed the posting and consent steps in Section 10.15.030. A missing or damaged sign does not automatically excuse a rider if the owner otherwise complied and simply lost a sign to vandalism, per Section 10.15.040.

The Bottom Line

Fremont's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fremont is broadly strict or permissive.

Keep in mind that Fremont can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.