San Jose, CA Public Conduct: Loitering Rules (2026)

SJMC § 10.08.010 makes it unlawful to loiter, stand or otherwise occupy any public highway, alley, sidewalk, crosswalk or public way in a manner that willfully and maliciously obstructs or unreasonably interferes with pedestrians' free passage. A second, narrower rule at § 10.20.140(D) targets commercial parking lots and adjacent sidewalks open to the public: loitering, standing, parking or occupying that space is banned only when tied to specific conduct, drinking or carrying open alcohol containers, vandalism, defacing property, assault or battery, challenging someone to fight, making loud and raucous noise, or selling or transferring alcohol or cigarettes to minors. That parking-lot rule extends to people sitting in parked cars, on motorcycles, or on bicycles, not just pedestrians. Enforced by the San Jose Police Department.