LAMC §41.18 Encampment Rule: Mountain View vs San Jose
How do lamc §41.18 encampment rule rules compare between Mountain View, CA and San Jose, CA?
Mountain View and San Jose have similar restriction levels.
Mountain View, CA
Santa Clara County
Santa Clara County has no equivalent to Los Angeles Municipal Code 41.18 anti-camping ordinance. SCC cities vary: San Jose enforces narrow obstruction rules, Sunnyvale prohibits public camping, while unincorporated SCC relies on Sheriff's discretion under state public-nuisance law.
View full Mountain View rules →San Jose, CA
Santa Clara County
Unlike Los Angeles, San Jose has no LAMC §41.18 equivalent. SJMC Chapter 13.44 prohibits camping in parks, SJMC Chapter 10.06 restricts overnight stays on city property, and SJMC Chapter 6.36 limits oversized-vehicle and RV parking. Enforcement must comply with Martin v. Boise.
View full San Jose rules →Key Facts Comparison
| Fact | Mountain View | San Jose |
|---|---|---|
| County anti-camping rule | None enacted | - |
| San Jose code | Municipal Code §10.32.030 | - |
| Sunnyvale code | Sunnyvale Code §13.04.190 | - |
| State backstop | Penal Code §647 | - |
| Constitutional limit | Grants Pass v. Johnson (2024) | - |
| Park camping | - | SJMC Chapter 13.44 prohibits |
| City property | - | SJMC Chapter 10.06 restricts |
| RV parking | - | SJMC Chapter 6.36 limits |
| Shelter test | - | Martin v. Boise (9th Cir. 2018) |
| Property handling | - | Lavan notice and storage |
Highlighted rows indicate differences between cities.
Mountain View FAQ
Can SCC cite me for sleeping in my car?
Depends on jurisdiction. San Jose has a Safe Parking Program; vehicle-sleeping outside designated lots can be cited under §10.32.030. Sunnyvale prohibits broadly. Unincorporated SCC enforcement varies with Sheriff discretion under state nuisance law.
Does SCC offer alternatives before citation?
Most SCC jurisdictions follow Grants Pass guidance requiring shelter availability before camping enforcement. Outreach teams from SCC Office of Supportive Housing and city navigation centers offer beds before sheriffs or police issue citations.
San Jose FAQ
Does San Jose have a law like LA's 41.18?
No single equivalent exists. San Jose regulates camping through SJMC 13.44 (parks), 10.06 (city property), and 6.36 (oversized vehicles). The patchwork covers similar ground but without sensitive-use buffer maps.
Can San Jose police arrest someone just for sleeping outside?
Not under Martin v. Boise when the city has no available shelter beds. Officers may issue warnings, offer shelter referrals, and enforce other laws like blocking ROW, but criminal punishment for sleeping outside without an alternative is unconstitutional.
What about camping in a private parking lot?
Private camping is governed by the owner and trespass law (Penal Code §602), not SJMC park or ROW chapters. Owners may consent or revoke consent and call SJPD; some participate in the city Safe Parking program.
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