Community Matters

Milpitas, Santa Clara County and California laws that are top on our minds.

Being a Kid is Not a Crime
A GO MILPITAS RESOURCE
Thoughts on Curfews and links to web sites with Curfew Law information.

Domestic Violence
A GO MILPITAS RESOURCE
Local solutions to domestic violence. If you, a loved one, or a co-worker are suffering through domestic violence, we list here resources in or near Milpitas where you can get help.

Laws Regarding Fireworks in Milpitas
A GO MILPITAS RESOURCE
In general, ordinary citizens of Milpitas may not hold fireworks displays within city limits.

Kids and the Law
First published in 1996 after a State Bar survey revealed that many kids were unclear about certain laws and the consequences for breaking them. It was revised into its current form in 2001. Print versions are now available in Spanish and Chinese.

Milpitas Municipal Code
The electronic version of the Milpitas Municipal Code

Open Government Ordinance
Public officials who attempt to conduct the public’s business in secret should be held accountable for their actions. Only a strong open government and open government ordinance, enforced by a strong open government commission can protect the public’s interest in open government. Read the full 28-page Open Govenrment Ordinance as pdf file.

Safely Surrendered Baby Law
The purpose of the law is to protect babies from being hurt or killed because they were abandoned. The law allows a parent or legal guardian to confidentially surrender an infant, three days old or younger, to any hospital emergency room or other designated Safe Surrender site.

Shopping Cart Ordinance
The City of Milpitas Shopping Cart Ordinance will be strictly enforced. The Shopping Cart Ordinance states that it is unlawful to either temporarily or permanently remove a shopping cart from a business premises or parking lot.

When You Become 18: A Survival Guide for Teenagers
Addresses a number of issues important to young adults. Available in English and Spanish.

Wood Burning Appliances and Compliance
Here is a quick overview of the requirements in the Air District’s Regulation 6, Rule 3: Wood-Burning Devices.

Pertinent Links About Curfews Nearby because of Riots and Looting

Note: this is not the intended content of this post, which spoke to the issue of juvenile daytime curfews, but since people are looking for information about the recent (May 31, 2020 onward) curfews, I’ll post that information here.

Milpitas: At this time, Milpitas has not issued a special curfew regarding night time activities by adults. The Nighttime Curfew Law for Minors in Milpitas remains in effect.

San Jose: 8:30 p.m. to 5 a.m., ending on June 7 or until further notice.

Santa Clara: 8:30 p.m. to 5 a.m., until future notice.

San Francisco: 8 p.m. to 5 a.m.

Walnut Creek: 8 p.m. until 5 a.m., ending June 8.

Danville: 10 p.m. until 5 a.m., until further notice.

Pleasant Hill: 9:30 p.m. until 5:30 a.m., until further notice.

San Leandro: A curfew imposed late Sunday night was in effect until 5 a.m.

Please, No Daytime Curfews for Kids

There’s movement in this city and state to have a daytime curfew which would ban young people of school age from being out and about during school hours. I remember how this worked in Santa Cruz when I was a 17 year old student at the University of California. I had gone into town to shop, and was walking down the sidewalk when a patrol car pulled up and a policeman jumped out of the car and spread his arms out to prevent me from continuing my stroll.

“What’s the problem, officer?” I replied politely, as my parents had taught me.

“You appear to be a truant!” he exclaimed. “Let me see your identification.”

I showed him my license, which did indeed prove I was 17. I did not have a student body card, as they had not yet been issued, but I explained I was a University student between classes, and was just shopping for my dorm room, spending a sunny fall day blowing my parents’ money on Pacific Ave.

“There’s a daytime curfew law in Santa Cruz for anyone under 18. I’ll have to take you in until you can prove you are a university student.”

He did indeed take me in and called up the provost, who vouched I was a college student, and that was that. But a day was spoiled and one young, blond girl suddenly knew what it felt like to be thought to be a criminal, based only on her looks, just like a black youth in “the wrong part of town.”

These days we homeschool our teenaged son. One Tuesday we had both worked hard so I sent him on his bike to McDonalds to get some burgers for us. No problem. If a daytime curfew goes into affect, he could be picked up. I enjoy going to technical fairs at the San Jose Convention Center and dropping him off at the Tech Museum while I take the cell phone in case he needs me. In San Jose he could be picked up as truant just for being a kid alone in a museum. I do have a card on him that says he’s a homeschooler, and he tends to blend in with kids on field trips, so there hasn’t been a problem… yet.

Neighbors, let’s not make something criminal for youth that isn’t criminal for adults. It’s not much of a step to making it illegal for adults not to be in a work place during work hours! Don’t make the library and parks “off limits” to the homeschoolers in this community during the day. We depend on these services, and we’re out learning in the community during the day while other teens are in school. I know that a few young people have crossed the line and are under supervision by parole officers. These few that have blown the trust of the community should be the only ones to suffer restrictions. But their number is few, the rest don’t need daytime curfew. We are all – youth and adults – free in this country until we break a law. Let the laws already on the books for criminal behavior, such as shoplifting, be what guides police for stopping “suspects,” not just “skipping school.”

Instead, let’s give our youth plenty of interesting things to do in school and out of school. Engage them in community activities, provide more extensive programs for At-Risk and just your usual, garden-variety kids. The Recreation Department needs to have a wider variety of activities for youth of Junior High age. Too many non-sports classes are closed for 11-15 year olds. Why shouldn’t dog obedience be open to youth? Tiger Woods certainly proved that you need to start young if you want to learn golf. Classes should only require an interest in the subject matter and basic physical requirements.

Until we have message board capability, I am going to attempt to use this “feature” capability to introduce topics for debate. People wishing to add constructive messages to the debate may send me email at info@gomilpitas.com with the subject matter the title and dateline of the feature, in this case Being a Kid is Not a Crime 05/13/97. As messages are collected, and you wish to refer to someone else’s message, include the writer and dateline, as well, in the body of the email.

By Ann Zeise

Pertinent Links About Curfews in Milpitas

Milpitas Board of Education
Attend Board of Education meetings to find out how the schools plan to deal with daytime curfew or voice your opinion. You can also watch it on cable channel 15, 7 p.m., second and fourth Tuesday evenings.

Curfew Law for Minors in Milpitas
V-8-1.00 It shall be unlawful for any minor to remain or loiter upon any street, sidewalk, park or other public place or place open to the public within the City of Milpitas between the hours of 10 p.m. and 5 a.m. of the following day except as hereafter provided.

Pertinent Links About Curfews in Other Nearby Cities

Revised Palo Alto Curfew Ordinance
Here’s how the law reads in neighboring Palo Alto. This what we want in Milpitas?

Overview About Curfews for Children

Children and the Curfew Law
Currently, there is no law in California which sets out a curfew that would apply to all youngsters in the state. Instead, these laws or ordinances are typically passed and enforced by local municipalities, cities, and townships.

The Impact of Juvenile Curfew Laws in California
Statistical analysis provides no support for the proposition that stricter curfew enforcement reduces youth crime either absolutely or relative to adults, by location, by city, or by type of crime. By Dan MacallairMike Males, Justice Policy Institute.