Public Conduct in Mountain View, CA

Every city handles public conduct a little differently. In Mountain View, California, there are 7 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Jaywalking

Mountain View requires pedestrians to cross at a crosswalk anywhere in a business district; crossing mid-block there is a code violation under Sec. 19.47. A separate section adds a flat mid-block crossing ban on East Dana Street between Calderon Avenue and Pioneer Way, business-district rule aside.

Key details: Business district rule: Must cross at a crosswalk (Sec. 19.47). Extra local ban: East Dana St, Calderon Ave to Pioneer Way. Crosswalk type required: Marked or unmarked, at an intersection. First-offense fine: Up to $100 (Sec. 1.7).

A pedestrian who crosses mid-block in violation of Sec. 19.47 or Sec. 19.47.1 is subject to the general penalty schedule of Sec. 1.7: an infraction fine up to $100 for a first offense, up to $200 for a second within a year, and up to $500 for a third, with a fourth in the same year chargeable as a misdemeanor.

Loitering Rules

Mountain View bars anyone under 18 from loitering on streets, alleys, parks or any public place between 10:00 p.m. and sunrise unless a parent or guardian is present, City Code Sec. 21.3. Exceptions cover minors traveling to or from work, worship or another lawful activity. Parents, aiders and even venue managers who let minors linger past curfew share in the liability.

Key details: Curfew hours: 10:00 p.m. to sunrise. Who is covered: Unaccompanied minors under 18. Exceptions: Work, worship or lawful activity travel. Parent liability: Presumed if minor violates curfew. Business duty: Managers must not permit loitering minors.

Violating curfew, aiding a minor's violation, or a business allowing it during the 10 p.m.-to-sunrise window can each be charged separately under Sec. 21.3 through 21.8. A minor taken into custody is delivered directly to the county juvenile home under Sec. 21.8, and the arresting officer must report the circumstances to staff there. Parents face a legal presumption of responsibility once a violation is shown, per Sec. 21.4.

Aggressive Panhandling

Mountain View makes it an infraction to solicit anyone entering or exiting a vehicle in a way that impedes their movement, whether on a public street, a driveway leading to one, or a public or private parking lot or structure, City Code Sec. 21.28. "Solicit" reaches requests for money, food, goods, employment or contributions, so aggressive panhandling aimed at drivers and passengers falls squarely within the ban.

Key details: Covered conduct: Soliciting people entering/exiting a vehicle. Trigger: Solicitation that impedes the person's movement. Covered locations: Streets, driveways, public/private parking lots. Penalty class: Infraction under Sec. 21.28(c). Last amended: Ord. No. 5.17, October 24, 2017.

A person who solicits money, goods, employment or a contribution from someone entering or exiting a vehicle, in a way that impedes that person's movement on a public street, connecting driveway, or a public or private parking lot or structure, is guilty of an infraction under Sec. 21.28(c). Mountain View police can issue an infraction citation without needing to show that any money or goods actually changed hands, since the code treats the solicitation itself as complete regardless of outcome.

Public Marijuana Use

Mountain View's cannabis ordinance bars consuming cannabis, by any method, at a cannabis business's premises or in any public place, and requires posted no-consumption notices, City Code Sec. 9.100(b). The rule leans on state law for the underlying public-consumption ban (Health and Safety Code Sec. 11362.79) and is enforced locally against the cannabis business's registration, not as a standalone city crime against the individual user.

Key details: Local rule: Cannabis use banned at business, public places. State cross-reference: Health & Safety Code Sec. 11362.79. Posting duty: No-consumption notice required at cannabis business. Enforcement path: Business registration suspension or revocation. Not criminal locally: Sec. 9.100 violations expressly non-criminal.

A cannabis business that allows consumption on its premises or fails to post the required no-consumption notice risks suspension or revocation of its city cannabis business registration under Sec. 9.100, following the police-chief hearing procedure in Sec. 9.105, rather than a criminal charge, since the code states these violations are not criminal offenses under the City Code. An individual smoking cannabis in a public place away from a registered business is instead subject to the state restrictions the section cross-references, particularly Health and Safety Code Sec. 11362.79.

Outdoor Smoking Restrictions

Mountain View extends its smoking ban outdoors to picnic areas, dining areas (including streets and sidewalks used for dining), and outdoor amphitheater seating, City Code Sec. 21.49. A companion rule, Sec. 21.49.5, bars smoking within a "reasonable distance," defined as 25 feet, of any doorway or unenclosed area where smoking is already prohibited.

Key details: Outdoor places covered: Picnic areas, dining patios, amphitheater seating. Reasonable distance: 25 feet from a no-smoking area. Playground buffer: 30 feet under separate Sec. 21.57.1. First-offense fine: Up to $100 (Sec. 21.55). Repeat fine: Up to $500 per added violation/year.

Smoking in a restricted place under Sec. 21.49, or within the applicable 25-foot buffer under Sec. 21.49.5, is an infraction punishable by a fine of up to $100 for a first offense, up to $200 for a second within a year, and up to $500 for each additional violation within a year, under Sec. 21.55(e). The city can also pursue a civil action carrying fines of $250 to $1,000 per violation, and any violation is separately declared a public nuisance subject to abatement.

Skateboarding Rules

City Code Sec. 19.53 lets skateboarders use Mountain View sidewalks if they exercise due care and yield to pedestrians, but the city can ban skateboards from specific sidewalks by council resolution once signs go up. Sec. 19.54 sets separate rules for riding skateboards on roadways with a 35 mph speed cap.

Key details: Sidewalk rule: Sec. 19.53, due care + yield. Roadway rule: Sec. 19.54, 35 mph roads only. Sidewalk ban exemption: Children age 10 and under. Tennis courts: Skateboards banned, Sec. 38.9(x). Shoreline Park: Skateboards fully prohibited, Sec. 38.18(g).

Riding a skateboard on a sidewalk without due care, failing to yield to pedestrians, or riding in a posted no-skateboard zone violates Sec. 19.53. Riding on a roadway posted above 35 mph outside a Class II or IV bikeway, or ignoring the incorporated Vehicle Code rules on lights, lane position and yielding, violates Sec. 19.54. Skateboarding on a city tennis court or anywhere in Shoreline at Mountain View Park is a separate violation of Chapter 38's park rules.

Public Alcohol Use

Mountain View bans drinking or consuming alcohol on any public street, sidewalk, median, park or parking lot, and extends the ban to private sidewalks, building aprons and parking lots open to the public, City Code Sec. 21.70. Exceptions exist for permitted public parks, vendor or special-event alcohol permits, and situations already governed by state open-container and minor-in-possession law.

Key details: Public property covered: Streets, sidewalks, medians, parks, lots. Private property covered: Sidewalks, aprons, lots open to public. Permitted exception: Downtown vendor or special-event permit. State-law exception: Veh. Code Sec. 23222/23223 open container. Retailer trigger: 2 violations in 36 months needs CUP.

Drinking or possessing an open alcoholic beverage on a public street, sidewalk, park or parking lot, or on a private sidewalk, apron or parking lot open to the public, violates Sec. 21.70 unless one of the listed exceptions applies, such as a permitted park event or vendor alcohol permit. An alcohol retailer that racks up two violations of the chapter's sale rules within 36 months must obtain a conditional use permit under Sec. 21.71 or cease selling alcohol until it does.

This is one of the stricter rules in Mountain View's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Mountain View'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 Mountain View is broadly strict or permissive.

Keep in mind that Mountain View 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.