Milpitas, CA Curfew Laws: Juvenile Curfew (2026)

Milpitas Municipal Code Chapter 8 of Title V, "Curfew for Minors," makes it unlawful under Section V-8-1.00 for any minor to remain or loiter upon any street, sidewalk, park or other public place or place open to the public in the City of Milpitas between 10 p.m. and 5 a.m. of the following day. The ordinance dates to Ordinance 35.3, adopted May 5, 1981, and has not been amended since.

Section V-8-2.00 carves out three situations where the curfew does not apply. First, a minor accompanied by a parent, legal guardian, or other adult who has care and custody of the minor is exempt. Second, a minor is exempt while going directly to, or coming directly from, a night class, library study session, theater, dance, game, recreational activity, or other function sponsored by a school, church, youth philanthropic organization, or community service organization. Third, a minor lawfully engaged in a trade, business, profession, or occupation is exempt if the minor's presence is required there and the minor's parent or legal guardian has given written consent.

Section 3 of the chapter cross-references the general penalty schedule at Milpitas Municipal Code Section I-1-4.09-2 for enforcement. The Section I-1-4.09-3 schedule of misdemeanors specifically lists Section V-8-1.00 (minor remaining or loitering in a public place) as one of the offenses elevated from a standard infraction to a misdemeanor. Milpitas Police officers enforce the curfew directly on patrol; Planning and Neighborhood Services and Santa Clara County Animal Services have no role in this chapter.