Sunnyvale's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Sunnyvale, 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

Sunnyvale requires pedestrians to cross streets by the shortest route straight across, at right angles to the curb, unless they use a marked crosswalk. Crossing any other way, or ignoring a posted no-crossing sign, is unlawful under Municipal Code Chapter 10.52, punishable as a Title 10 infraction with a fine capped at fifty dollars for a pedestrian.

Key details: Governing rule: Cross at right angles or shortest route. Exception: Marked crosswalks. Sign authority: City traffic engineer, § 10.52.030. Classification: Infraction, SMC § 1.04.010(b)(5). Pedestrian fine cap: $50 per § 1.04.020(b)(1).

Crossing outside a marked crosswalk other than at right angles, or ignoring a posted no-crossing sign, is an infraction under SMC §§ 10.52.040, 10.52.050 and 1.04.010(b)(5). Under Section 1.04.020(b)(1), a pedestrian convicted of a Title 10 infraction is punishable by a fine not exceeding fifty dollars, separate from the higher schedule that applies to drivers.

Sunnyvale is more permissive than most cities when it comes to jaywalking. That said, there are still limits.

Loud Party Ordinance

Sunnyvale makes it unlawful to host, permit or allow a social gathering at a residence where ten or more people under 21 are present and alcohol is being possessed or consumed. A first violation draws a written warning; if public safety officers must respond a second time, the host is personally liable for the full cost of that response under Chapter 9.50.

Key details: Threshold: 10+ people under 21 with alcohol present. First response: written warning issued. Second response: host billed for full public safety cost. Minor host: parent/guardian liable for the fee. Penalty: misdemeanor under Sec. 9.50.040.

Hosting an underage drinking gathering of ten or more people is a misdemeanor under Section 9.50.040, punishable per Chapter 1.04's general penalty of up to $1,000 and six months in jail. A second public safety response to the same violation after a written warning triggers personal liability for the full response fee under Section 9.50.050, billed to the host or, if the host is a minor, to their parent or guardian.

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

Public Alcohol Use

Drinking alcohol or carrying an open container on Sunnyvale streets, sidewalks, parkstrips, alleys, public parks or other public property is unlawful under Municipal Code Section 9.66.010 unless a permit or ordinance expressly authorizes it there. The ban even reaches private parking lots open to the public unless the lot owner allows it.

Key details: Governing section: SMC § 9.66.010. Covers: Streets, sidewalks, parks, public parking lots. Exceptions: Permit, ordinance, or city authorization. Violation class: Infraction, § 9.66.020. Fine basis: Government Code § 36900.

Any violation of Chapter 9.66 is an infraction under Section 9.66.020(a), and a conviction draws a fine set according to the schedule in Government Code Section 36900 as determined by the court. Section 9.66.020(b) makes each day a violation occurs a separate offense, so an officer can cite repeat open-container conduct on successive days as distinct violations.

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

Loitering Rules

Sunnyvale makes it unlawful to loiter in a median strip on any street, highway or other city-maintained public right-of-way. The code defines loitering broadly as lingering for any purpose unrelated to safely crossing the road, with an exception only for city crews or contractors performing repair or maintenance work under Section 9.56.030.

Key details: Prohibited location: median strips on streets, highways, public right-of-way. Exempt: city crews and contractors doing repairs. Default penalty: infraction under Sec. 9.56.070. Escalation: misdemeanor after 5+ convictions in 36 months. Chapter: 9.56, roadway solicitation ordinance.

Loitering in a median strip is an infraction under Section 9.56.070, typically resolved with a citation and fine rather than jail time. If the same person racks up five or more convictions under Chapter 9.56 within a thirty-six month period, any later violation, including a repeat median-strip loitering offense, can instead be charged and prosecuted as a misdemeanor.

If you are coming from a city with tighter rules, you will find Sunnyvale gives residents more flexibility on loitering rules.

Public Marijuana Use

Sunnyvale's smoking ordinance defines "smoke" to expressly include "marijuana smoke," so the citywide list of no-smoking locations in Municipal Code Section 9.28.030, including public parks, elevators and service areas, bars marijuana smoking in those places just as it bars tobacco. Smoking marijuana anywhere smoking is prohibited is unlawful under Section 9.28.070(a).

Key details: "Smoke" includes: Marijuana smoke, per SMC § 9.28.020. Banned zones: Public parks, elevators, service areas, public events. Base penalty: Infraction under Chapter 1.04. Repeat violation: Possible misdemeanor within 12 months. Civil fine: $250 to $1,000 per violation.

Smoking marijuana in any Section 9.28.030 no-smoking zone, from a public park to a transit-stop line, is an infraction under Sections 9.28.070(a) and 9.28.090, with fines and possible misdemeanor charges for repeat offenses within twelve months. The chapter also bars disposing of marijuana smoking waste inside a no-smoking zone and prohibits retaliating against anyone who reports a violation.

This is not one of those rules that cities tend to ignore. Sunnyvale actively enforces its public marijuana use requirements.

Skateboarding Rules

Riding a skateboard on the roadway portion of any Sunnyvale street is unlawful citywide under Municipal Code Section 10.12.035. In retail commercial districts, the ban extends further to sidewalks and public or private parking lots, while sidewalks elsewhere in the city are not covered by this particular section.

Key details: Governing section: SMC § 10.12.035. Roadway ban: Citywide, all streets. Sidewalk/lot ban: Retail commercial districts only. Violation class: Infraction, § 10.12.090. First-offense fine: $100 (non-pedestrian).

Skateboarding on a roadway, or on a sidewalk or parking lot within a retail commercial district, is an infraction under Sections 10.12.090 and 1.04.010(b)(5). Section 1.04.020(b)(2) sets the fine: fifty dollars for a pedestrian-class violator, one hundred dollars for a first offense by anyone else, two hundred dollars for a second infraction within a year, and two hundred fifty dollars for a third or later infraction within a year of two prior convictions.

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

Outdoor Smoking Restrictions

Sunnyvale bars smoking in a long list of outdoor and unenclosed public spaces, including outdoor dining areas, public parks, stadiums and outdoor theaters, service-area lines, and the South Murphy Avenue pedestrian retail district. Municipal Code Section 9.28.050 backs that up with a twenty-five-foot buffer from doorways, windows and vents of any place where smoking is banned.

Key details: Outdoor zones banned: Parks, stadiums, outdoor dining, service-area lines. Buffer distance: 25 feet from doorways, windows, vents. Signage: 1-inch "No Smoking" letters at entrances. Legacy exception: 2 Murphy Ave. hookah permits, until ownership changes. Civil fine: $250 to $1,000 per violation.

Smoking in a banned outdoor location, such as a public park, stadium or the pedestrian retail district, or lighting up within twenty-five feet of a doorway or vent into a smoke-free space, is an infraction under Section 9.28.090, with a possible civil fine of $250 to $1,000 per violation and misdemeanor exposure for repeat offenders within twelve months.

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

The Bottom Line

Sunnyvale is tougher than many cities when it comes to public conduct. Out of the 7 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in Sunnyvale, 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 Sunnyvale's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.