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prohibits loitering on private property without the owner's consent and intent to commit a crime, while SB 357 (2022) repealed PC 653.22 anti-prostitution loitering.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.
Mountain View, CA
Mountain View prohibits disturbing noise between 10pm and 7am weekdays and 10pm to 8am weekends, with enforcement by police and code enforcement officers.
Mountain View, CA
Amplified music from speakers, DJs, and live bands requires compliance with decibel limits and quiet hours; Shoreline Amphitheatre operates under a separate ...
Mountain View, CA
Industrial and commercial properties in Mountain View must comply with stationary noise source limits measured at property lines, with conditions enforced th...
Mountain View, CA
Mountain View Chapter 21 sets specific decibel thresholds varying by zoning district and time of day, measured at property lines with standardized equipment.
Mountain View, CA
Mountain View requires EV charging infrastructure in new construction under CALGreen Tier 2. Residential EV installations follow expedited permitting per AB ...
Mountain View, CA
RVs, trailers, and boats in Mountain View cannot park on public streets over 72 hours and face Large Vehicle Ordinance limits. Residential storage must be on...
Side-by-side rule comparisons with other cities in Santa Clara County.
See how Mountain View's loitering rules rules stack up against other locations.
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