San Jose prohibits minors under 18 from being in public places between 11:30 PM and 5:00 AM Sunday through Thursday, with the same overnight window applied Friday and Saturday. Exceptions include parental accompaniment, employment, and school or religious events. The city emphasizes diversion over citation for first-time offenders.
San Jose Municipal Code Chapter 10.36 (Minors – Curfew) makes it unlawful for any minor under 18 to loiter, wander, or play in public streets, sidewalks, parks, or other public places between 11:30 PM and 5:00 AM. The curfew applies every night of the week without expansion on weekends. Recognized defenses include accompaniment by a parent or responsible adult, direct travel to or from lawful employment, attending an official school or religious activity, emergency errands, or interstate travel.
SJPD officers are directed to use diversion when possible. The Mayor's Gang Prevention Task Force runs curfew diversion programs with counseling and parenting workshops for many first-time offenders.
A violation is an infraction with fines up to $100 first offense, $200 second, $500 subsequent within 12 months. Parents may face separate fines. First-time offenders are typically diverted via the Gang Prevention Task Force.
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