Modesto, CA Homelessness & Encampment Rules: Sit-Lie Rules (2026)
Key Facts
- Governing hours
- 7:00 a.m. to midnight, business district only
- Enforcement trigger
- Requires prior officer notice
- Penalty
- Infraction, up to $500 fine
- Key exception
- Medical emergencies and wheelchairs exempt
- Adopted
- Ord. 3023-C.S., eff. 2-27-97
Summary
Modesto Code of Ordinances § 4-7.1502.1 bars sitting, lying down or substantially blocking pedestrian passage on business-district sidewalks and streets between 7 a.m. and midnight, once a police officer has given notice of the violation. The ordinance carves out medical emergencies, wheelchairs, permitted sidewalk vendors, permitted events and free-speech activity.
(c)Prohibition; Exceptions. No person, after notification by a law enforcement officer that he or she is in violation of the prohibition stated in this section, shall sit, lie down or substantially obstruct the free passage of any person or persons on any street, sidewalk or other such public place in the business district of the City of Modesto during the hours between 7:00 a.m. and 12:00 a.m., except as provided below:(1)Sitting or lying down on a public sidewalk due to a medical emergency;(2)Using a wheelchair or similar device to move about the public sidewalk as a result of disability;(3)Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an encroachment permit;(4)Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to any applicable permit; ... (7)Applying this section so that it would result in the interference with, or inhibition of, any exercise of the constitutionally protected right of freedom of speech or assembly.(d)Violation. A violation of the provisions of this section shall constitute an infraction.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).
Full Breakdown
in 1997, responds to City Council findings that people sitting or lying on sidewalks, streets or other public places impede pedestrian traffic, intimidate patrons and threaten the economic health of the City's business districts. It applies only within a 'business district,' defined as any area zoned for business purposes, and only to a 'public place,' defined broadly to include sidewalks, streets, alleys, bridges, parking lots, parks, plazas and building doorways and entrances. unless a law enforcement officer has first notified the person that they are in violation.
Seven specific exceptions apply regardless of notice: medical emergencies; wheelchair or similar-device use tied to a disability; operating or patronizing a sidewalk business under an encroachment permit; participating in a permitted parade, festival, rally or similar event; sitting on a publicly or privately supplied bench or chair; waiting for public or private transportation; and any application that would interfere with constitutionally protected speech or assembly. A violation is an infraction. , entirely unregulated by this section, and it operates independently of the City's separate no-cruising loitering rule and general disorderly-conduct provisions found elsewhere in the same article.
Violations & Fines
Violating § 4-7.1502.1 is an infraction, punishable under the citywide schedule in § 1-2.01 by a fine of up to $500. Because the ordinance requires officer notice before enforcement, a first-time sitter or lier who moves along after being warned commits no violation; only continuing to sit, lie down or block passage after that notice is chargeable.
Frequently Asked Questions
Can Modesto police cite someone for sitting on a downtown sidewalk right away?
Does the sit-lie rule apply outside downtown?
Is it illegal to sit on a sidewalk bench downtown?
Sources & Official References
Other rules in Modesto
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