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Public Conduct in San Jose, CA (2026)

8 verified public conduct rules for San Jose, California, sourced directly from the municipal code and official government pages.

Verified from official government sources

Public Urination

San Jose bans urinating or defecating in public anywhere outside an enclosed bathroom, restroom or similar structure, under Municipal Code Chapter 10.12's public decency provisions.

Public Urination Banned in San Jose

Some Restrictions

San Jose Municipal Code § 10.12.110

No person shall urinate or defecate in public except when using a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view.

Skateboarding Rules

Skateboarding is banned on nearly all city-owned property outside designated skate parks, plus two mapped zones downtown and in Willow Glen, under San Jose Municipal Code § 13.21.200.

San Jose Skateboard Prohibition Zones

Significant Restrictions

San Jose Municipal Code § 13.21.200

No person shall ride or propel a skateboard on or within any of the following: A.Any property, building or structure owned by the city, unless (i) the property, building or structure has been designated by the city as a skate park in accordance with Section 13.21.040 above...B.The downtown skateboard prohibition zone; andC.The Willow Glen skateboard prohibition zone.

Loud Party Ordinance

San Jose bills hosts for police response costs when officers return to the same loud party or gathering within 12 hours of a first warning to quiet down.

San Jose Loud Party Cost Recovery Rule

Some Restrictions

San Jose Municipal Code § 10.16.110

A.No responsible party shall cause, permit or tolerate a disturbance.B.Whenever a police officer at the scene warns any responsible party present to discontinue the disturbance, the responsible party shall be liable for the actual cost of each subsequent response required for a disturbance within twelve hours of the first response.C.At the first response, the responding police officer shall giv...

Loitering Rules

San Jose bans loitering that willfully blocks pedestrians on sidewalks and public ways, plus a separate ban on loitering in commercial parking lots for drinking, fighting, or drug and alcohol sales to minors.

San Jose Loitering & Obstruction Rules

Some Restrictions

San Jose Municipal Code § 10.08.010

No person shall loiter, stand or otherwise occupy any portion of any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel in such a manner as to willfully and maliciously obstruct or unreasonably interfere with the free passage of pedestrians.

Outdoor Smoking Restrictions

San Jose bans smoking in every city park, all outdoor dining areas, and outdoor service lines, plus within 25 feet of community center and library entrances, under Municipal Code Chapter 9.44.

San Jose Bans Smoking in Parks, Patios

Significant Restrictions

San Jose Municipal Code § 9.44.030

Smoking is prohibited in the following places located within the City of San José except as provided in Section 9.44.040: ... F.City parks: ... the definition of "park" for purposes of this section includes sidewalks, trails and pathways in or around park facilities, park strips and other grounds of any park.G.In the following outdoor areas: ... 3.Outdoor dining areas;4.Service lines.

Jaywalking

San Jose bans crossing outside a crosswalk in the central business district and other business districts, unless a police officer directs otherwise or a Scramble signal is in effect.

Jaywalking Banned in San Jose Business Districts

Some Restrictions

San Jose Municipal Code § 11.64.030

Unless otherwise directed by a police officer, no pedestrian shall cross a roadway other than by a crosswalk in the central business district or in any business district, except at intersections where the pedestrian phased traffic signal system of crossing (Scramble) is in effect and designated by official signals.

Public Marijuana Use

San Jose Municipal Code § 6.88.440(Q) bars smoking, vaping, eating, or otherwise consuming cannabis on public sidewalks and streets within 300 feet of any licensed cannabis business, layered on top of the areas the state already restricts under Health & Safety Code § 11362.79.

San Jose Bars Public Cannabis Use Near Dispensaries

Some Restrictions

San Jose Municipal Code § 6.88.440(Q)

Cannabis may not be inhaled, smoked, eaten, ingested, vaped, or otherwise used or consumed at the Premises and/or Location, in the parking areas of the Premises and/or Location, within three hundred (300) feet of the Premises and/or Location on the public right-of-way, or in those areas restricted under the provisions of California Health and Safety Code Section 11362.79.

Public Alcohol Use

San Jose bans drinking alcohol on any public street, sidewalk, alley, highway, or in parking facilities and off-street parking lots, unless another section of the municipal code specifically allows it.

Public Drinking Ban on San Jose Streets

Significant Restrictions

San Jose Municipal Code § 10.12.010

Except as otherwise permitted under this municipal code, no person shall drink any alcoholic or other intoxicating beverage in the City of San José: 1.On any public street, sidewalk, alley or highway; or2.In a parking facility or off-street parking establishment as defined in Chapter 20.200 of this Code including the adjacent walkways or landscaped areas.

Looking for Santa Clara County county-wide rules?

County ordinances apply to unincorporated areas and may supplement San Jose city rules.

Public Conduct in Santa Clara County