Santa Clara County does not prohibit loitering itself because vague loitering bans violate the First and Fourth Amendments. Only narrow loitering-with-intent conduct is reachable under California Penal Code Sections 647(b) and 647(h), consistent with Papachristou v. Jacksonville and City of Chicago v. Morales.
Federal and California courts have struck down vague loitering ordinances since Papachristou v. Jacksonville (1972) and Kolender v. Lawson (1983), and the Supreme Court reaffirmed the rule in City of Chicago v. Morales (1999). Santa Clara County therefore relies on narrow loitering-with-intent provisions in California Penal Code Section 647. PC 647(h) prohibits loitering on private property without the owner's consent and intent to commit a crime, while SB 357 (2022) repealed PC 653.22 anti-prostitution loitering. Penal Code 653b separately addresses loitering near schools or playgrounds with intent to harm minors. The Sheriff must articulate specific suspicious conduct, not mere presence, before a stop or citation.
Loitering with proven intent to commit a crime can be charged as a misdemeanor under California Penal Code 647(h) with up to six months jail and a $1,000 fine. Mere presence without specific suspicious conduct is not a violation.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Santa Clara County, CA
In unincorporated Santa Clara County, the County Noise Ordinance (Title B, Division B11, Chapter VIII of the County Ordinance Code) sets exterior noise limit...
Santa Clara County, CA
In unincorporated Santa Clara County, fence height is regulated by the County Zoning Ordinance administered by the Department of Planning and Development. Fe...
Santa Clara County, CA
ALL fireworks - including state-approved 'Safe and Sane' fireworks - are illegal in unincorporated Santa Clara County. The County has banned the sale, posses...
Santa Clara County, CA
Residential pools and spas in unincorporated Santa Clara County are governed by California Health and Safety Code Sections 115920 through 115929 (the Pool Sa...
Santa Clara County, CA
Unincorporated Santa Clara County allows movable tiny homes as a substitute for one Accessory Dwelling Unit under Zoning Ordinance Section 4.10.015(E), adopt...
Santa Clara County, CA
In unincorporated Santa Clara County, sheds are regulated as accessory buildings under Zoning Ordinance Section 4.20.020. A shed whose combined length plus w...
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