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San Jose, CA Curfew Laws: Juvenile Curfew (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Under 16 curfew
10:00 p.m.-5:00 a.m.
16-17 curfew
11:30 p.m.-5:00 a.m.
Applies in
any public place citywide
Before citing
officer must ask age, reason
Exempt
emancipated minors, work, errands, emergencies

Summary

San Jose bars minors under 16 from public places 10 p.m. to 5 a.m., and minors 16-17 from 11:30 p.m. to 5 a.m., under the Youth Protection Curfew Ordinance, Municipal Code Chapter 10.28.

"Curfew hours" means: A. The hours between 10:00 p.m. to 5:00 a.m. for minors under the age of sixteen years; or B. The hours between 11:30 p.m. to 5:00 a.m. for minors under the age of eighteen years. ... It is unlawful for any minor under the age of sixteen years to be in any public place within the city during curfew hours, except as provided under Section 10.28.110.

Source: San Jose Municipal Code Chapter 10.36View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).

Full Breakdown

Chapter 10.28, the Youth Protection Curfew Ordinance, makes it unlawful for a minor under 16 to be in any public place in the city during curfew hours, and separately bars minors under 18 during a later curfew window. Curfew hours run 10:00 p.m.-5:00 a.m. for under-16s and 11:30 p.m.-5:00 a.m. for 16-17 year-olds. Before citing anyone, an officer must first ask the apparent offender's age and reason for being out, and may act only if there is probable cause that no listed exemption applies.

Violations & Fines

Enforcement is at an officer's discretion after asking age and reason; the officer must have probable cause that no exemption or First Amendment protection applies before taking action under § 10.28.100.

Frequently Asked Questions

What time does San Jose's curfew start for minors under 16?
10:00 p.m. until 5:00 a.m., per San Jose Municipal Code § 10.28.020.
Are there exceptions to the San Jose youth curfew?
Yes. Minors with a parent/guardian, on a direct errand, working, responding to an emergency, or coming from a school, religious, or sports activity are exempt under § 10.28.110.
Can police stop a minor just for being out at night?
No. An officer must first ask the minor's age and reason for being there, and needs probable cause that no exemption applies, per § 10.28.130.

Sources & Official References

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