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prohibits loitering on private property without the owner's consent and intent to commit a crime, while SB 357 (2022) repealed PC 653.22 anti-prostitution loitering.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.
See how San Jose's loitering rules rules stack up against other locations.
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