On October 6, 2011, after four nights of occupying San José City Hall, City Attorney Rick Doyle announced plans to ask the San Jose Police Department to order protestors to leave on Friday.[10][11]
Around 12:30 AM on October 10, 2011, one protester was cited by police when he refused to vacate the Occupy San José site.[12] All other protestors and their belongings were moved off-site by police, though by early morning some protestors had returned.[13]
On October 21, 2011 at around 3:00 AM eight protestors were arrested and one cited by San José city police. City ordinances prohibit overnight camping on public property. Police stated that vandalism and sanitation issues also were a factor.[14]
San José city ordinance on camping in city hall plaza
Section 13.23.300.H of the San José Municipal Code of Ordinances states:
"No person shall camp on the city hall plaza. No person shall enter or remain on the plaza (except the sidewalks) after closing time, as established by the regulations, unless authorized to do so by the director."[15]
^"Occupy Wall Street protests gain momentum in Bay Area". San Jose Mercury News. 11 October 2011. Retrieved 18 October 2011. Since Oct. 2, a few dozen Occupy San Jose protesters have been camping out in the City Hall Plaza, a violation of the city's municipal code. By Tuesday morning, five members of the group had been issued citations for trespassing or camping on city property.