Milpitas, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Banned conduct
- lingering in a street median for any purpose
- Governing section
- MMC § V-100-9.05
- Adopted
- Ordinance No. 43.211, June 2, 2009
- Exception
- briefly stopping to let traffic pass
- Penalty
- misdemeanor, up to $500 fine or 6 months
Summary
Lingering in the median strip of a Milpitas street is unlawful for any purpose, including panhandling, under Milpitas Municipal Code § V-100-9.05. The only exception is stopping briefly to let traffic pass while crossing, and the ban does not apply to on-duty public officers, employees, or utility workers.
Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not exceeding six months, or by a fine of not to exceed five hundred dollars, or by both such fine and imprisonment. ... No person shall loiter in a median within a city street or other city-maintained thoroughfare. "Loiter" for the purposes of this section shall mean to linger or remain within the median strip for any purpose, including panhandling, other than to stop to allow traffic to pass in order to cross the street. For the purposes of this section, "median strip" means a non-landscaped, paved, planted, or otherwise landscaped strip of ground dividing a street or highway into lanes according to the direction of travel.
Full Breakdown
Adopted by Ordinance No. 43.211 in June 2009, § V-100-9.05 of the Milpitas traffic code bans loitering within the median of any city street or other city-maintained thoroughfare. The section defines loiter broadly as lingering or remaining within the median strip for any purpose, expressly including panhandling, other than briefly stopping there to let traffic pass while crossing the street. Median strip is defined just as broadly, covering any non-landscaped, paved, planted, or otherwise landscaped strip of ground that divides a street or highway into lanes by direction of travel, which reaches medians on major Milpitas corridors as well as smaller landscaped dividers.
The ban does not apply to authorized public officers or employees, or to utility employees, who need to be in the street or median while performing their duties. Because § V-100-9.05 sits in Chapter 100's Section 9, on pedestrians, rather than Section 10's parking rules, it carries the chapter's general misdemeanor penalty at § V-100-1.02 instead of the civil-penalty track that Section 10 uses for stopping and parking violations. The Milpitas Police Department enforces the median loitering ban alongside the rest of the pedestrian rules in Section 9, including the crosswalk and right-angle crossing requirements in §§ V-100-9.01 and V-100-9.02.
Violations & Fines
Loitering in a Milpitas street median, including for panhandling, is a misdemeanor under Milpitas Municipal Code § V-100-1.02, since § V-100-9.05 carries no separate civil-penalty provision. A conviction is punishable by up to six months in the Santa Clara County jail, a fine of up to $500, or both, enforced by the Milpitas Police Department.
Frequently Asked Questions
Is it illegal to stand in a median in Milpitas?
Does the Milpitas median ban specifically target panhandling?
Is anyone allowed to be in a Milpitas median for work?
What's the penalty for median loitering in Milpitas?
Sources & Official References
Other rules in Milpitas
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Loitering Rules in Nearby Cities
How other cities in Santa Clara County handle loitering rules.