San Jose, CA Local Ordinances Guide

As one of the larger cities in California, San Jose has a substantial set of local ordinances that govern everything from noise levels to what you can build in your backyard. With 1.0 million, the city maintains 199 distinct rules across 49 categories. This guide gives you the big picture.

Special Events & Permits

Sidewalk Dining & Cafés: San Jose folded its standalone sidewalk cafe permit into the citywide encroachment-permit process in 2019, so outdoor seating on a public sidewalk now requires a Minor Encroachment Permit under Chapter 13.37, not a separate cafe license..

Also covered: Street Fair Rules (restrictive), Parade Permits (moderate), Parklets (moderate). See the full special events & permits guide for San Jose for details.

Noise Ordinances

Aircraft Noise: San Jose bars jet takeoffs and landings at Mineta San José International Airport between 11:30 p.m. and 6:30 a.m.

Also covered: Barking Dogs (moderate), Vehicle Noise (moderate), Construction Hours (moderate). See the full noise ordinances guide for San Jose for details.

Rental Property Rules

Tenant Anti-Harassment: San Jose's Tenant Anti-Harassment Ordinance prohibits 14 categories of landlord conduct designed to pressure covered tenants out, including utility shutoffs, lockouts, threats, false notices, and refusal to accept rent. Violations carry civil penalties and tenant damages..

Also covered: Just Cause Eviction (restrictive), Section 8 Voucher Acceptance (moderate), Rent Increase Notice (moderate). See the full rental property rules guide for San Jose for details.

Public Health Rules

Rodent Control: San Jose's Housing Code makes insect, vermin, or rodent infestation a substandard-housing condition, and splits extermination duty: tenants handle single-unit infestations in a pest-proofed building, owners handle the rest..

Also covered: Food Handler Certification (moderate), Bed-Bug Rules (permissive). See the full public health rules guide for San Jose for details.

Home Business

Signage Rules: San Jose gives home occupations no special signage allowance: Section 20.80.710's Table 20-160 requires home-business signage to meet the same residential sign standards as any house, capped under Chapter 23.04, Part 4..

Also covered: Home Daycare (permissive), Customer Traffic Restrictions (moderate), Zoning & Home Occupation Permits (moderate). See the full home business guide for San Jose for details.

Parking Rules

Commercial & Oversized Vehicles: San Jose can post any street as a "no large vehicle parking zone" and have vehicles over 6 feet tall or 7 feet wide towed if parked there, under Municipal Code Chapter 11.98..

Also covered: Loading Zones (moderate), Driveway Rules (moderate), Preferential Parking Districts (restrictive). See the full parking rules guide for San Jose for details.

Sign Regulations

Digital Billboards: San Jose Municipal Code § 23.02.1010(A) prohibits billboards and programmable electronic (LCD, plasma, digital) signs citywide, unless another part of the sign title expressly carves out an exception, such as a handful of pilot special sign zones..

Also covered: Window Signs (moderate), Freeway-Facing Signs (restrictive), Political Signs (moderate). See the full sign regulations guide for San Jose for details.

Animal Ordinances

Exotic Pets: San Jose requires anyone who keeps, harbors, sells, trades, or leases a wild, exotic, or venomous animal to first obtain a dangerous animal permit from the city's animal care administrator, per Municipal Code § 7.60.910..

Also covered: Pet Limits (moderate), Mandatory Spay/Neuter (moderate), Microchipping (limited). See the full animal ordinances guide for San Jose for details.

Homelessness & Encampment Rules

Sit-Lie Rules: San Jose bans sitting or lying on public sidewalks within the downtown pedestrian facilitation zone from 8 a.m. to midnight, with exceptions for medical emergencies, disability, and permitted events..

Trash & Recycling

Illegal Dumping: Dumping solid waste or hazardous materials on public or private property is banned citywide; violators face criminal, civil, or administrative penalties and must pay for cleanup, and hiring someone else to dump makes both parties liable..

Also covered: Dumpster Rules (moderate), Recycling Requirements (strict), Holiday Pickup Schedule (limited). See the full trash & recycling guide for San Jose for details.

Public Conduct

Skateboarding Rules: Skateboarding is banned on nearly all city-owned property outside designated skate parks, plus two mapped zones downtown and in Willow Glen, under San Jose Municipal Code § 13.21.200..

Also covered: Public Alcohol Use (restrictive), Jaywalking (moderate), Public Urination (moderate). See the full public conduct guide for San Jose for details.

Fence Regulations

Material Restrictions: San Jose prohibits barbed wire, razor wire and electric fences on residential parcels not covered by a Chapter 20.100 development permit, and separately bans embedding glass or other sharp materials on any residential fence surface..

Also covered: Retaining Walls (moderate), Height Limits (moderate), Fence Permit Requirements (moderate). See the full fence regulations guide for San Jose for details.

Tobacco & Vaping

Flavored Tobacco Bans: San Jose bans retail sale of flavored tobacco and vape products, including menthol, with narrow carve-outs for shisha, premium cigars, and loose leaf tobacco..

Mobility & Curb Rules

Shared E-Scooter Rules: Companies need a City permit and a $10,000 deposit before dropping rental scooters on San Jose streets, and blocking a sidewalk or leaving one unpermitted gets it impounded..

Also covered: Bike Lane Rules (moderate). See the full mobility & curb rules guide for San Jose for details.

Right to Farm

Agricultural Zoning Protection: San Jose reserves land for farming through a dedicated A Agricultural zoning district with a 20-acre minimum lot size, plus an OS Open Space district, under Municipal Code Chapter 20.20..

Also covered: Farm Nuisance Protection (permissive). See the full right to farm guide for San Jose for details.

Landscaping Rules

Tree Removal & Heritage Trees: San Jose bans removing any live or dead tree 38+ inches in trunk circumference from private property without a tree removal permit or development permit under Chapter 13.32 of the Municipal Code..

Also covered: Weed Ordinances (moderate), Rainwater Harvesting (limited), Native Plants (permissive). See the full landscaping rules guide for San Jose for details.

Building Safety

Anti-Mansionization: San Jose requires a Single-Family House Permit once a new house or addition exceeds a 0.45 floor area ratio, or is taller than 30 feet or more than two stories, under Municipal Code Chapter 20.100 Part 9..

Also covered: Building Inspections (moderate), Carbon Monoxide Detectors (moderate), Fire Sprinkler Requirements (moderate). See the full building safety guide for San Jose for details.

Zoning Overlays & Bonuses

Downtown Design Guide: Any project in San Jose's downtown zoning districts that needs a development permit must follow design guidelines the city council adopts for that area, including the citywide Downtown Design Guidelines and Standards approved April 23, 2019..

Also covered: Density Bonus Law (moderate). See the full zoning overlays & bonuses guide for San Jose for details.

Cannabis Regulations

Home Cultivation: Under California Proposition 64 and SJMC Chapter 6.88, adults 21+ may cultivate up to six cannabis plants per residence for personal use. Plants must be grown indoors or in a secure, enclosed area not visible from public right-of-way.

Also covered: Personal Cultivation Limits (moderate), Buffer Zones (moderate), Dispensary Zoning (restrictive). See the full cannabis regulations guide for San Jose for details.

Accessory Structures

ADU Rental Restrictions: San Jose lets homeowners rent an accessory dwelling unit long-term, but Municipal Code § 20.80.160 flatly bars incidental transient occupancy, stays under 30 days, inside an ADU, so short-term hosting must stay in the primary residence..

Also covered: Shed & Carport Rules (moderate), Garage Conversions (moderate), Tiny Homes (moderate). See the full accessory structures guide for San Jose for details.

Environmental Rules

Stormwater Management: San Jose requires on-site stormwater runoff treatment measures on most projects that create 5,000+ square feet of new or replaced impervious surface, with a lower 2,500-square-foot trigger for small projects..

Also covered: Defensible Space (moderate), Flood Elevation Requirements (moderate), Coastal Development (moderate). See the full environmental rules guide for San Jose for details.

Drone Rules

Airport Proximity Rules: Most of San Jose lies within controlled airspace around Mineta SJC, Reid-Hillview, and the San Martin general aviation airport. FAA Part 107 and recreational pilots must obtain Low-Altitude Authorization (LAANC) before flying drones in these zones, and altitudes are capped well below the standard 400 feet..

Business Licensing & Operations

Auto Repair on Residential Property: San Jose bans vehicle repair and service as a home occupation. Municipal Code § 20.80.720 lists dismantling, cleaning, and repair or service of vehicles among prohibited home-based uses, regardless of zoning district or dwelling type..

Also covered: Towing Companies (restrictive), Adult Entertainment (restrictive), Pawnbrokers (restrictive). See the full business licensing & operations guide for San Jose for details.

Employment Preemption

Minimum Wage Preemption: San Jose sets its own minimum wage above California's state floor. SJMC Chapter 4.100 requires covered employers to pay city-set rates that adjust each January based on the regional Consumer Price Index..

Also covered: Worker Scheduling Preemption (moderate), Paid Leave Preemption (moderate). See the full employment preemption guide for San Jose for details.

Single-Use Items

Utensils-On-Request: California Assembly Bill 1276 (Health and Safety Code Section 42271) prohibits food-service businesses statewide from automatically providing single-use foodware accessories, requiring customer request first. San Jose enforces alongside SJMC Chapter 9.10 single-use foodware rules..

Also covered: Plastic Straw Rules (moderate). See the full single-use items guide for San Jose for details.

Firearms

Concealed Carry: San Jose Police Department issues California concealed carry weapon (CCW) permits under state law, applying objective shall-issue standards after SB-2 reshaped sensitive places where carry is prohibited..

Also covered: Firearms in Vehicles (strict), Open Carry (moderate). See the full firearms guide for San Jose for details.

Short-Term Rentals

Short-Term Rental Parking Rules: San Jose STR hosts must provide on-site parking matching the zoning requirement for the underlying residential use, typically two off-street spaces for single-family homes. Guest parking spilling onto residential streets is a leading complaint source and may trigger citations under the city's residential permit parking program..

Also covered: Short-Term Rental Permits (moderate), Night Caps (moderate), Host Presence Rule (moderate). See the full short-term rentals guide for San Jose for details.

Data Centers & Crypto Mining

Data Center Zoning & Siting: San Jose requires a discretionary Special Use Permit for data centers in all five industrial zoning districts and a Conditional Use Permit in the CG Commercial General district. The use is barred outright in the CO, CP, and CN commercial districts..

Also covered: Data Center Noise Limits (moderate). See the full data centers & crypto mining guide for San Jose for details.

Curfew Laws

Juvenile Curfew: San Jose bars minors under 16 from public places 10 p.m. to 5 a.m., and minors 16-17 from 11:30 p.m.

Also covered: Park Curfew (moderate). See the full curfew laws guide for San Jose for details.

Tree Protection

Protected Tree Species: San Jose's city council designates individual private-property trees as "heritage trees" for their history, girth, height, species or unique quality, and it is a civil violation to vandalize, mutilate, remove or destroy one..

Also covered: Parkway Planting (moderate), Heritage & Protected Trees (restrictive). See the full tree protection guide for San Jose for details.

Fire Regulations

Fireworks: San Jose bans possessing, selling, storing, or using any fireworks citywide, including 'Safe and Sane' fireworks state law lets many California cities sell: social hosts face strict liability for gatherings where fireworks are used illegally..

Also covered: Outdoor Burning (restrictive), Wildfire Zones (moderate), Brush Clearance (moderate). See the full fire regulations guide for San Jose for details.

Water Use Rules

Leak Reporting Duty: San Jose owners and managers must start repairing leaking or broken water pipes, faucets, fixtures, sprinklers or irrigation systems within five working days of discovering the problem, as a standing water-waste rule..

Also covered: Recycled Water Rules (moderate). See the full water use rules guide for San Jose for details.

HOA Rules

Architectural Review: HOAs in San Jose must follow written architectural review procedures under the Davis-Stirling Act. Associations must provide prompt deadlines for reviewing applications and issue decisions in writing.

Also covered: Board Governance (moderate), Board Procedures (moderate), Assessment & Dues (moderate). See the full hoa rules guide for San Jose for details.

Hotels & Lodging

Transient Occupancy Tax: San Jose taxes hotel stays at a combined 10 percent: 6 percent under the Transient Occupancy Tax (SJMC 4.72) plus 4 percent under the General Fund Transient Occupancy Tax (SJMC 4.74). Short-term rentals booked through hosting platforms owe the same tax under SJMC 20.80.170..

Also covered: Hotel Living Wage (moderate). See the full hotels & lodging guide for San Jose for details.

Swimming Pools & Spas

Fencing & Safety Requirements: San Jose enforces the California Swimming Pool Safety Act (Health & Safety Code §§115920-115929) together with San Jose Municipal Code Title 17 Chapter 17.28 (Swimming Pool Enclosures). Pools and spas deeper than 18 inches require a permanent enclosure at least 60 inches high with self-closing, self-latching gates.

Also covered: Pool Permits (moderate). See the full swimming pools & spas guide for San Jose for details.

Outdoor Lighting

Light Trespass & Shielding: Commercial and public/quasi-public lighting next to residential property must be shielded so light reflects away from the residence and causes no glare or unreasonable annoyance..

Also covered: Billboard Lighting (moderate). See the full outdoor lighting guide for San Jose for details.

Solar Energy

Expedited Solar Permitting: San Jose issues building permits for small residential rooftop solar systems the same day for complete applications, with only one inspection required, under the streamlined process the city adopted to comply with state law..

Also covered: HOA Restrictions (moderate), Panel Permits (moderate). See the full solar energy guide for San Jose for details.

Immigration Policy

E-Verify Mandates: Federal law does not mandate E-Verify for most private employers, and California AB-1236 (Labor Code §2814) bars cities including San Jose from requiring private employers to enroll. San Jose imposes no E-Verify mandate..

Local Taxes & Fees

Business Tax Classification: Everyone engaged in business in San Jose must obtain a business tax certificate before starting, and businesses are classified for tax purposes using their NAICS code..

Rental Inspections

Inspection Programs: San Jose requires an annual Residential Occupancy Permit for apartment houses, guesthouses, motels, hotels and licensed care facilities, backed by a self-inspection certificate and city inspections that can happen anytime after the permit issues..

Garage & Yard Sales

Frequency, Duration & Permits: San Jose lets residents hold no more than two garage sales per calendar year, each capped at four consecutive days and running only between 9:00 a.m. and 9:00 p.m., under the zoning code's incidental-use provision for one- and two-family and multiple dwellings..

Property Maintenance

Vacant Lot Maintenance: San Jose requires vacant lot owners to keep lots free of weeds, dry brush, dead vegetation and debris, and to register lots that fall into the city's neglected vacant lot monitoring program within 30 days of becoming vacant..

Also covered: Property Blight (moderate), Snow & Sidewalk Clearing (moderate). See the full property maintenance guide for San Jose for details.

Food Trucks & Mobile Vendors

Sidewalk & Mobile Vending: Sidewalk vendors in San Jose must obtain a permit from the San Jose Police Department under SJMC Chapter 6.54 (Peddler Permit Ordinance) and comply with California SB 946 (Safe Sidewalk Vending Act). Vendors selling for more than 2 hours need an additional Administrative Permit from the Planning Department (SJMC §20.80.820).

Also covered: Vending Zones (moderate), Food Truck Permits (moderate). See the full food trucks & mobile vendors guide for San Jose for details.

Soliciting & Door-to-Door

Solicitor Permits: San Jose Municipal Code Chapter 6.54 requires a peddler/solicitor permit issued by the Chief of Police for door-to-door commercial canvassing. Applicants must submit fingerprints and pass a background check.

Also covered: No-Knock Registry (moderate). See the full soliciting & door-to-door guide for San Jose for details.

Building Setbacks & Zoning

Structure Height Limits: San Jose caps residential building height at 35 feet across all five R-1 single-family districts and the R-2 two-family district. The R-M multifamily district tops out at 45 feet or a limit set under Chapter 20.85, and R-MH mobile home parks are capped at 45 feet..

Also covered: Setback Rules (moderate), Lot Coverage Limits (moderate). See the full building setbacks & zoning guide for San Jose for details.

Sidewalk & Pedestrian Rules

Encroachment Permits: San Jose requires a Public Works encroachment permit before placing any structure or object on public right-of-way; unauthorized encroachments are unlawful and the owner must remove them within 30 days or the City removes it and bills them..

Also covered: Sidewalk Repair (moderate), Obstruction Rules (restrictive). See the full sidewalk & pedestrian rules guide for San Jose for details.

Noise from Specific Sources

Bar & Nightclub Noise: San Jose nightclubs holding a public entertainment permit must keep noise from carrying beyond the premises to a level that disturbs neighbors, as a binding condition of the permit itself..

Also covered: Generator Noise (moderate). See the full noise from specific sources guide for San Jose for details.

Invasive Plant Rules

Prohibited Species: San Jose follows the California Invasive Plant Council (Cal-IPC) guidance and the Santa Clara Valley Habitat Plan. Prohibited species for new landscaping include pampas grass, English ivy, and Scotch broom.

Also covered: Front Yard Gardens (moderate). See the full invasive plant rules guide for San Jose for details.

Privacy & Surveillance

Recording & Consent Laws: California is a two-party (all-party) consent state. Recording private conversations without consent of all parties is a criminal offense under CA Penal Code §632.

Also covered: Security Camera Rules (permissive). See the full privacy & surveillance guide for San Jose for details.

What to Do With This Information

Think of this as a map of the regulatory landscape in San Jose. For any rule that directly affects a decision you are making, click through to the full ordinance page for penalty details and exceptions, and confirm with the city if the stakes are high.