San Bernardino's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In San Bernardino, California, there are 8 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.

Public Urination

San Bernardino bans urinating or defecating in any public park, street, alley, highway or other public place, or anywhere in view of one. City Code Chapter 9.28, Offenses Against Public Decency, makes it a misdemeanor or infraction enforced by the Police Department.

Key details: Governing chapter: Municipal Code Ch. 9.28. Covered locations: Parks, streets, alleys, public places. Exception: Proper receptacle in enclosed restroom. Charge level: Misdemeanor or infraction. Max misdemeanor penalty: 6 months jail, $1,000 fine.

A violation of Chapter 9.28 is charged as a misdemeanor or an infraction at the discretion of the charging officer or City Attorney, per § 9.28.040. Under the general penalty schedule in § 1.12.010, an infraction carries a fine up to $100 for a first offense, $200 for a second within one year, and $500 for each further offense within that year; a fourth offense in a year is charged as a misdemeanor. A misdemeanor conviction under § 1.12.010 can bring up to six months in county jail, a fine up to $1,000, or both, and courts may also order reimbursement of the city's investigation and prosecution costs.

Aggressive Panhandling

Chapter 9.60 bars aggressive solicitation anywhere in the city and bans all solicitation outright near banks and ATMs, in parking lots after dark, and on public transit vehicles. The City Attorney charges violations as a misdemeanor or infraction under Ordinance MC-1186.

Key details: Governing chapter: Municipal Code Ch. 9.60. Bank/ATM buffer: 15 feet during business hours. Parking lot rule: No solicitation after dark. Adopted by: Ord. MC-1186, 10-5-2004. Charge level: Misdemeanor or infraction.

A violation of Chapter 9.60 is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion under § 9.60.040. Under the citywide penalty schedule at § 1.12.010, infractions run $100 for a first offense up to $500 for a third within a year, with a fourth becoming a misdemeanor exposing the violator to up to six months in county jail and a $1,000 fine. The ordinance is non-exclusive, so it does not preclude separate enforcement of other applicable state or local laws.

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

Loud Party Ordinance

San Bernardino Municipal Code Chapter 8.82 lets the Police Department bill the person in charge of an unscheduled gathering, defined to include loud and boisterous conduct and loud music constituting a nuisance, for the full cost of the extraordinary law enforcement response after a written warning.

Key details: Governing chapter: Municipal Code Ch. 8.82. Trigger: loud/boisterous conduct, nuisance, disturbance. Liability: person in charge of the premises. Warning requirement: written warning before 2nd response bill. Appeal window: 5 working days to City Administrator.

There is no criminal fine tied to Chapter 8.82 itself: the enforcement mechanism is cost recovery. After a written warning (or, if infeasible, on the first response for an immediate nuisance), the person in charge is billed for the actual salaries, benefits, administrative costs and any equipment or property damage from every extraordinary police response. Unpaid bills may be pursued through legal action by the City Attorney, and an aggrieved person may appeal within five working days to the City Administrator and then the City Council.

Compared to other cities, San Bernardino takes a harder line on loud party ordinance. The enforcement and penalty structure reflects that.

Skateboarding Rules

Riding a skateboard, roller skates or similar coaster device on a business-district sidewalk, or on any public roadway anywhere in the city, is unlawful under SBMC § 10.24.090. A parallel section bans coasters and skates from any roadway citywide, and a third bars them from municipal parking structures.

Key details: Governing section: SBMC § 10.24.090. Sidewalk ban area: Business-district sidewalks only. Roadway ban: Citywide, all roadways. Parking structures: Banned under § 10.24.200(G). Added: Ord. 3554, 1976.

Violating the skateboard or coaster restrictions is an infraction enforced by the Chief of Police and any police officer under § 10.24.170, punishable under the citywide schedule in SBMC § 1.12.010: up to $100 for a first offense, $200 for a second within a year, $500 for a third, and a misdemeanor charge on a fourth violation in the same 12 months.

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

Loitering Rules

San Bernardino requires public streets, sidewalks and crosswalks to stay free of obstructions, including people, and bans willfully sitting, standing in or blocking them so as to hinder passage. Municipal Code § 12.44.030 in the Obstructions chapter carries an infraction penalty under § 1.12.010.

Key details: Governing section: Municipal Code § 12.44.030. Chapter title: Ch. 12.44, Obstructions. Required intent: Willful and malicious. Charge level: Infraction (escalates on 4th). Origin: Ord. 120, 1892; amended 1978-1985.

A violation of § 12.44.030 is an infraction under subsection (C), punishable per the general penalty schedule at § 1.12.010: up to $100 for a first offense, $200 for a second within a year, and $500 for a third, with a fourth infraction in the same year charged as a misdemeanor exposing the violator to up to six months in county jail and a $1,000 fine. Courts may also order reimbursement of the city's investigation and enforcement costs.

Public Alcohol Use

San Bernardino bans drinking or consuming alcoholic beverages in any public park, street, alley, highway or other public place under Municipal Code § 9.32.020. Anyone holding an open container with alcohol on their breath is legally presumed to be drinking it, and furnishing alcohol to someone for public consumption is also unlawful.

Key details: Alcohol threshold: 0.5% or more ABV. Open-container presumption: Odor of alcohol + open container. Covered locations: Parks, streets, alleys, public places. Special-event exception: Written City Administrator authorization. Violation class: Infraction, up to misdemeanor on 4th.

Under § 9.32.060, any violation of Chapter 9.32 is an infraction, punishable under the general penalty schedule of Chapter 1.12.010: up to $100 for a first offense, $200 for a second within a year, and $500 for each additional violation within a year, with a fourth violation elevated to a misdemeanor carrying up to six months in county jail and a $1,000 fine.

Outdoor Smoking Restrictions

Smoking anywhere in a San Bernardino public park is against the law under Section 8.73.050, with no carve-out for trails or picnic areas inside park boundaries. Chapter 8.73 also adds a 25-foot no-smoking buffer around every playground and tot lot sandbox area and bars smoking in outdoor sports facilities except in areas an operator designates for it.

Key details: Park smoking: Banned outright, Section 8.73.050. Playground buffer: 25 feet from any playground/tot lot. Sports facility rule: Smoking barred except designated areas. First-offense fine: Up to $100 infraction. Adopted: Ord. MC-1319, Nov. 16, 2009.

Each of Sections 8.73.020, 8.73.040 and 8.73.050 makes its own violation an infraction punishable under Section 1.12.010: up to $100 for a first offense, $200 for a second offense within a year and $500 for each further offense in that year, with a fourth offense in twelve months becoming a misdemeanor punishable by up to six months in county jail and a $1,000 fine. Section 8.73.050(C) specifies that punishment under the park smoking ban does not preclude punishment under any other applicable law.

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

Public Marijuana Use

Chapter 8.97 bans smoking or vaping cannabis in every public place, dining area, service area, recreational area and place of employment in San Bernardino, indoors or out, plus within 50 feet of the doors and windows of those places. Violators face infraction fines up to $500 or misdemeanor prosecution.

Key details: Governing chapter: SBMC Ch. 8.97. Buffer near sensitive uses: 1,000 feet of schools, parks, daycares. Buffer near doors/vents: 50 feet. First infraction fine: Up to $100. Misdemeanor max penalty: $1,000 fine / 6 months jail.

Under § 8.97.150, violating the smoking ban is a misdemeanor punishable by up to a $1,000 fine and six months in county jail, though the City Attorney may instead charge it as an infraction: $100 for a first offense, $200 for a second within a year, and $500 for a third, with a fourth offense within a year charged as a non-reducible misdemeanor.

Compared to other cities, San Bernardino takes a harder line on public marijuana use. The enforcement and penalty structure reflects that.

The Bottom Line

San Bernardino is tougher than many cities when it comes to public conduct. Out of the 8 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in San Bernardino, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on San Bernardino's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.