Santa Maria, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Curfew hours
- 11:00 p.m. to 6:00 a.m.
- Applies to
- Anyone under 18 (non-emancipated)
- Standard
- Same 'loiter' meaning as Penal Code 647(h)
- Exceptions
- Parent/guardian supervision, errands, work, First Amendment activity
- Enforcement
- Juvenile Welfare & Institutions Code procedures
- Daytime version
- Chapter 6-3A covers school-hour truancy loitering
Summary
Santa Maria bars anyone under 18 from loitering on public streets, sidewalks, parks, parking lots or vacant lots between 11:00 p.m. and 6:00 a.m. under Municipal Code Section 6-3.02. Exceptions cover minors accompanied by a parent or guardian, running an authorized errand, commuting to work or a sanctioned activity, or exercising First Amendment rights.
Section 6-3.02. Conduct prohibited. It is unlawful for any minor to loiter upon the public street, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, parking lots or vacant lots in the City during the hours between 11:00 p.m. and 6:00 a.m. This prohibition is intended and shall be construed so as not to result in a preemption under State law, in particular Penal Code Section 647. Section 6-3.04. Violation. Notwithstanding any other provisions of the Code, when a person under the age of 18 years is charged with a violation of this section, a Peace Officer responsible for enforcing this Code may proceed as provided in California Welfare & Institutions Code §§601, 625, 625.5, 626, or 626.5, or their successor sections, as appropriate given the applicable facts.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4818069; v9 updated 2026-04-07).
Full Breakdown
02. The ordinance expressly states it is not intended to be preempted by, and should be read alongside, the State's general loitering statute at Penal Code Section 647. 03 exempts minors who are accompanied by or under the direct supervision of a parent, guardian or other adult with custodial care and the parent or guardian's permission; running an errand directed by a parent, guardian or custodial adult; traveling to or from a job, medical appointment or parent-sanctioned activity; or exercising First Amendment rights such as religious exercise, free speech or assembly, including travel to and from the place those rights are exercised.
106 makes it a misdemeanor to loiter in the immediate vicinity of industrial or utility "posted property," such as oil fields, power plants, railroad yards or fenced City property marked with statutory trespass signage, though that provision does not restrict lawful picketing or labor-dispute activity. A related daytime curfew in Chapter 6-3A separately bars minors subject to compulsory school attendance from loitering in public places during school hours, aimed at truancy rather than the nighttime curfew addressed here.
Violations & Fines
Violating Section 6-3.02's nighttime curfew is handled under Section 6-3.04: rather than a standard adult misdemeanor charge, an enforcing Peace Officer proceeds under California Welfare and Institutions Code Sections 601, 625, 625.5, 626 or 626.5, the juvenile-justice provisions governing status offenses, contacts and detentions for minors. Violating the separate posted-property loitering ban in Section 6-2.106 is a straight misdemeanor, and a person who tears down or defaces a posting sign under Section 6-2.105 is likewise guilty of a misdemeanor.
Frequently Asked Questions
What time does Santa Maria's teen curfew start?
Can a minor be out after 11 p.m. with a parent?
What happens if a minor is caught violating the nighttime curfew?
Is there a separate rule for minors skipping school?
Sources & Official References
Other rules in Santa Maria
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