Chapter 10.20

OFFENSES AGAINST PROPERTY

Parts:

• 1 Animals or Vehicles on Sidewalks or Streets

• 2 Damaging Public Property

• 3 Obstructing Watercourses

• 5 Trespassing 6 Catalytic Converters

7 School Clearance Zones

Part 1

ANIMALS OR VEHICLES ON SIDEWALKS OR STREETS

Sections:

No person shall lead, ride, drive or hitch any horse, mare, gelding, cow, steer, bull, calf, mule, jenny, goat, sheep or hog, or draw or move any vehicle upon a sidewalk. No person shall lead or drive any animals exceeding five in number upon any street within the city without a permit from the city manager designating the route to be traveled. (Prior code § 4239.)

Part 2

DAMAGING PUBLIC PROPERTY*

Sections:

• A. Except as may be authorized by the city, no person shall damage, mar, deface or destroy any city-owned or other public property.

• B. A reward of one hundred dollars is hereby offered by the city for information directly leading to the arrest and conviction of any person found guilty of violating any of the provisions of this section.

(Prior code § 4260.1.)

*State law reference— For statutory provisions on injury to property, see Penal Code §§ 602 and 650-1/2.

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2024-Supplement 1

PUBLIC PEACE, MORALS AND WELFARE

§ 10.20.140

Part 3

OBSTRUCTING WATERCOURSES

• B. No person shall enter, be present, or remain upon any private property, who was admonished (orally or in writing) to leave, or to leave and not return.

Sections:

No person shall erect or maintain in any material watercourse anything which will obstruct the free flow of water.

(Prior code § 4236.)

Part 5

TRESPASSING*

Sections:

• 10.20.150 Trespass on city property prohibited when.

• 10.20.160 Entrance into parking facilities after closing time.

• A. No person shall enter, be present, or remain upon any private property without the consent of the owner, owner's agent, lessee, lessee's agent, or other person in lawful possession, where signs forbidding entry are displayed.

  1. For purposes of Subsection 10.20.140.A, sign(s) must be printed or posted in a conspicuous manner at walkway(s) or driveway(s) entering any enclosed property or portion thereof. This requirement is met if at least one sign is conspicuously printed or posted so as to be readable upon entering such private property.

*State law reference— For statutory provisions on trespassing, see Penal Code §§ 602 and 602.5.

1. The admonishment must be made by the owner, owner's agent, lessee, lessee's agent, or other person in lawful possession of the private property. A peace officer is authorized to give the admonishment in this Section 10.20.140.B at the request of the owner, owner's agent, lessee, lessee's agent, or other person in lawful possession of the private property.

2. The admonishment should be documented in writing by the individual making it and should include the name or description of the person admonished, the date, approximate time, address and type of property involved. If documented, the documentation should be retained for a minimum of one year.

3. Admonishment is no longer valid after six months from the date of the admonishment.

• C. The term "private property" shall mean any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, or vacant lots, owned by any person or entity other than property owned or lawfully possessed by the City of San José.

• D. No person shall loiter, stand, park or otherwise occupy any portion of the parking lot or adjacent sidewalk of a commercial business or lot which is otherwise open to the public with the intent or for the purpose of or while engaging in any of the following activities:

  1. Drinking alcoholic beverages or carrying alcoholic beverages in open containers;

  2. Engaging in acts of vandalism against public or private property;

  3. Defacing or otherwise damaging public or private property with paint or other materials;

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SAN JOSÉ CODE

§ 10.20.140

4. Committing an assault or battery against another person;

5. Challenging another person to fight;

6. Making loud and raucous noise; or

7. Soliciting or making the sale or transfer of alcohol or cigarettes to minors.

• E. For the purpose of Section 10.20.140.D, the act of loitering shall extend to persons in motor vehicles, or on motorcycles or bicycles, that are parked or standing in the parking lot of a commercial business or lot which is otherwise open to the public as well as to persons standing, sitting, or otherwise occupying a portion of such parking lot or sidewalks adjacent to such parking lot.

• F. For purposes of Section 10.20.140.D, a "commercial business" includes, but is not limited to, offices, retail and wholesale businesses, and commercial businesses.

(Prior code § 4282; Ords. 20749, 21057, 23162, 31218.)

• A. No person shall enter, be present, or remain upon any property owned or controlled by the City of San José after having been admonished not to enter, be present, or remain on such property.

• B. Such admonishment may be made by posting signs on the premises, or upon verbal admonishment by authorized City personnel, including law enforcement.

• C. Such admonishment may be made when property is:

  1. Closed to the public at any time or for any interval of time, on a temporary basis or at stated intervals, whether entirely closed or only partially closed or as to certain uses; and

  2. Closure is reasonably necessary for the conduct of City business and affairs, for the protection or preservation of the public peace, health, and safety, or to avoid personal injury or property damage.

• (Prior code § 4283; Ords. 18346, 31219.)

• A. No person shall willfully enter or remain upon any parking facility or adjacent privately owned walkway or landscaped area of a commercial business or enter after closing time or willfully enter or remain upon any off-street parking establishment after closing time, under the following circumstances:

  1. The parking facility and off-street parking establishment driveways have been blocked by means of chains, saw horse barricades, gates, or other physical barriers drawn across the entryways so that motor vehicles cannot freely enter or leave; and

  2. A sign is conspicuously displayed at or near each driveway entrance stating the hours when the parking facility or offstreet parking establishment is closed to the public and forbidding entrance during those hours.

• B. The dimensions, format, and wording of the signs required by this section shall be prescribed by the chief of police.

• C. For purposes of this section, the "closing time" shall be the period of time during which the parking facility or off-street parking establishment is closed to the public.

• D. For purposes of this section, a "commercial business" shall be as defined in Section 10.20.140 F. of this Code.

• E. For purposes of this section, an "off-street parking establishment" shall be as defined in Chapter 20.200 of this Code.

• F. For purposes of this section, a "parking facility" shall be as defined in Chapter 20.200 of this Code.

• G. This section shall not apply to:

  1. The owner, lessee, or occupant in legal possession or control of a part of the subject property;

  2. Any employee or agent of the owner, lessee, or occupant in legal possession or control of a part of the subject property; or

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PUBLIC PEACE, MORALS AND WELFARE

§ 10.20.180

3. Any person who enters or remains upon the property with the written permission of the owner, lessee, or occupant in legal possession or control of a part of the subject property.

• (Ords. 25119, 25120.)

Part 6

CATALYTIC CONVERTERS

Sections:

The definitions set forth in this Section shall govern the application and interpretation of Part 6:

• A. "Catalytic converter" means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.

• B. "Core recycler" shall have the definition given in California Business and Professions Code Section 21610.

• C. "Documentation or other proof" means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

  1. Bill of sale from the original owner with photographs.

  2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.

  3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

     4. Photographs of the vehicle from which the catalytic converter originated.

     5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number.

  • D. "Lawful possession" includes: (1) being the lawful owner of the catalytic converter; or (2) in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession."

• (Ord. 31038.)

• A. It shall be unlawful for any person, other than a core recycler, to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

• B. Each and every violation of this Section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the San José Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this Section.

• (Ord. 31038.)

Part 7

SCHOOL CLEARANCE ZONES

Sections:

10.20.220 School clearance zone defined. 10.20.230 Exception to the prohibition.

• 10.20.240 Enforcement.

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2025-Supplement 3

SAN JOSÉ CODE

§ 10.20.210

No person shall obstruct a street (including any storm sewer or natural outlet or channel), sidewalk, bicycle lane, or other public right-of-way by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, in a School Clearance Zone. (Ord. 31053.)

For purposes of this Chapter, a School Clearance Zone shall be defined as any area within one hundred fifty feet of the lot or parcel line for a real property with a licensed public or private preschool, elementary, middle, or secondary school on-site.

(Ord. 31053.)

The prohibition in Section 10.20.210 shall not apply to any person:

• A. Sitting or lying down due to a medical emergency.

• B. Using a mobility device such as a wheelchair, walker, crutches, canes, braces, andother similar device to move within the School Clearance Zone.

• C. Operating under a sidewalk café permit issued under previously existing provisions of Title 20 of the Code or an encroachmentpermit issued pursuant to Chapter 13.37 of the Code.

• D. Who sits on a chair on a sidewalk at a business with a sidewalk café permit issued under previously existing provisions of Title 20 of the Code or an encroachment permit issued pursuant to Chapter 13.37 of the Code.

• E. Sitting on a bench that is permanently affixed to the sidewalk at a mass transportation stop, plaza, paseo, or city park.

• (Ord. 31053.)

• A. Any violation of this Chapter shall only be punishable by an administrative citationin accordance with the procedures set forth in Chapter 1.15 of Title 1 of this Coderelating to the issuance of administrative citations, imposing of administrative fines,right to appeal, and the right to an administrative hearing.

• B. The amounts of the fines for violations imposed pursuant to this Chapter shall beset forth in the schedule of fines established by resolution of the City Council.

• (Ord. 31053.)