Generic loitering enforcement is constitutionally limited under California cases. SJPD applies California Penal Code section 647(b) prostitution loitering and 647(h) loitering on private property only with specific predicate intent.
Standalone loitering ordinances have been struck down as unconstitutionally vague under California and federal court rulings, including the Kolender and Morales decisions. San Jose police cannot cite people simply for standing in public. Enforcement requires specific predicate conduct: California Penal Code section 647(b) targets loitering with intent to commit prostitution, and 647(h) covers loitering on private property of another with intent to commit a crime. Park curfew violations under SJMC Title 13 and trespass under Penal 602 are more commonly cited than loitering. Officers must articulate specific facts beyond mere presence to support a stop or citation.
Penal Code section 647(b) and 647(h) loitering violations are misdemeanors with up to six months county jail and one thousand dollar fine; Penal 602 trespass and park curfew citations apply more frequently.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Jose, CA
San Jose prohibits aggressive solicitation under SJMC Chapter 10.40, targeting threatening conduct, blocking pedestrians, and panhandling near ATMs, bus stop...
San Jose, CA
San Jose enforces sit/lie and camping restrictions through SJMC Chapter 10.06, SJMC Chapter 13.44 (parks), and traffic laws on sidewalk obstruction. Constitu...
San Jose, CA
San Jose city parks are closed to the public from one-half hour after sunset to one-half hour before sunrise under SJMC Chapter 13.44 (Parks and Recreation)....
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