Milpitas, CA Curfew Laws: Park Curfew (2026)

Section 4 of the Milpitas park chapter sets a default curfew: remaining or staying in a city park at any time between 10:00 p.m. and dawn is unlawful (Milpitas Municipal Code § V-9-4.04), a rule added in 2001 to replace the chapter's original 1974 hours. The City Council is not locked into that 10 p.m.-to-dawn default, however. Section V-9-6.00 lets the Council establish and change opening and closing hours for any individual park by minute action or resolution, and once the City posts conspicuous signs at that park giving notice of its closing hours, it becomes unlawful for anyone to be in the park while it is closed, regardless of whether the hour matches the general 10 p.m. rule.

The City Manager or the Manager's designated agents can also declare any section of a park closed to the public at any time, temporarily or on a regular schedule, and either entirely or in part. Officers and employees performing park maintenance duties, and on-duty Police, Fire, or Health Department personnel, are exempt from the curfew under § V-9-5.00. The park chapter's citation and penalty provisions direct enforcement to the citywide infraction schedule in § I-1-4.09-1 rather than setting a separate curfew fine, and the same chapter lets the Council adopt rules and regulations to administer and enforce the curfew under § V-9-7.00.