San Jose Municipal Code Part 7 School Clearance Zones

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.)