Cupertino, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Cupertino Municipal Code § 10.56.020
- Covers
- Shopping centers and private property open to public
- Good cause includes
- PC 647 disorderly conduct, loitering, begging
- Exception
- Constitutionally protected free speech activity
- Penalty
- Infraction, $100-$500 escalating fines
Summary
Cupertino Municipal Code § 10.56.020 lets an owner, lessee, or person in charge of a shopping center or other private property open to the public order someone to leave for good cause, including disorderly conduct under Penal Code § 647 such as loitering or panhandling. Staying after being told to leave is an infraction.
It is unlawful for any person, other than a public officer or employee acting within the scope of his or her employment, to enter or remain on any shopping center property, or any other private property open to the public within the City, after the owner, lessee or other person in charge of the property has, for good cause, demanded that such person remove themselves from the property. Good cause for removing someone from the property is limited to the following instances: ... Where the person ... engages in disorderly conduct within the meaning of Penal Code Section 647, including loitering, accosting other persons for the purpose of begging, and being under the influence of any drug or liquor;
Full Breakdown
010 as a geographically integrated group of commercial establishments planned, developed and managed as a unit. 020 makes it unlawful for anyone other than a public officer or employee acting within the scope of employment to enter or remain on such property once the owner, lessee, or person in charge has, for good cause, demanded that the person leave. 48 noise disturbance; or smoking in violation of law or a posted shopping-center smoking rule. 040 confirms property owners can still separately adopt and enforce their own rules restricting free speech activities on their premises. 050 preserves the ability of law enforcement to separately arrest and prosecute Penal Code violations. 12 general penalty scheme.
Violations & Fines
Remaining on shopping center or other qualifying private property after being lawfully ordered to leave is an infraction under Section 10.56.070, punishable under Chapter 1.12 with a fine of $100 for a first offense, $200 for a second within a year, and $500 for a third or later offense in that year.
Frequently Asked Questions
Can a Cupertino shopping center order someone to leave for loitering?
What happens if I refuse to leave after being told to?
Does this ordinance override free speech rights?
Sources & Official References
Other rules in Cupertino
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