Milpitas, CA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Section X-10-1.00 of the Milpitas Municipal Code bars anyone from erecting, maintaining, placing, or leaving a structure or object, expressly including newspaper recycling containers, on a public street, sidewalk, right-of-way, easement, or public property such as a park or landscaped area, unless a City franchise, license, or permit authorizes it or another law allows it. Lawfully parked motor vehicles are exempt outright, and since a 2022 amendment (Ordinance 228.1), so is any detached tent, structure, or object used by someone who cannot otherwise obtain shelter for sitting, sleeping, or lying outside, distinguishing this general obstruction ban from the separate sit-lie rules in Chapter 9.

A violating structure or object is declared a public nuisance under Section X-10-3.00 and can be summarily removed by any City officer or employee under Section X-10-4.00. If the owner's identity and address appear on the object, the City mails notice that it can be reclaimed within 31 days upon payment of the reasonable removal and storage costs, set at $3.50 per day for City storage; if the owner cannot be identified, the City instead posts notice at the location and at City Hall. An object worth less than $10, or one whose removal and storage costs equal or exceed its value, can be destroyed outright rather than stored. Anything unclaimed after 31 days may be held three more months before disposal, or destroyed immediately if low value. The City can waive removal and storage costs if it determines the owner did not authorize the object's placement, and the City and its officers are not liable for loss, damage, or destruction that occurs during removal or storage.