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San Jose, CA Garage & Yard Sales: Frequency, Duration & Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max sales per year
2 per calendar year
Max duration
4 consecutive days per sale
Allowed hours
9:00 a.m. to 9:00 p.m.
Permit needed
None if within limits
Governing section
SJMC § 20.30.110(D)-(E)

Summary

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.

D.The following non-commercial activities:1.A garage sale consisting of the occupants' personal property;2.Sale of goods hand-produced by the occupants;3.Sales parties held for the purpose of selling goods to invited Guests. Such parties shall be held inside a permanent structure or in the rear yard of the dwelling unit.E.To qualify as a non-commercial activity:1.No more than two (2) such sales are allowed in any calendar year;2.No such sale can be conducted for more than four (4) consecutive days;3.Such sales shall only be conducted between the hours of 9:00 a.m. and 9:00 p.m. (Ords. 26248, 26455, 29523, 30353.)

Source: San Jose Code EnforcementView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).

Full Breakdown

San Jose zoning treats a garage sale of the occupants' personal property as a non-commercial incidental use of a residential dwelling, exempt from a Development Permit under Municipal Code § 20.30.110. To qualify, a household may hold no more than two sales per calendar year, each limited to four consecutive days, and sales may run only between 9:00 a.m. and 9:00 p.m. The same limits apply to sales of hand-produced goods and invited-guest sales parties. Exceed the frequency, duration, or hours and the activity is no longer the exempted non-commercial use, it becomes an unpermitted use Code Enforcement can cite.

Violations & Fines

Exceeding two sales a year, running a sale past four consecutive days, or selling outside 9:00 a.m.-9:00 p.m. turns the exemption into an unpermitted commercial use subject to code enforcement.

Frequently Asked Questions

Do I need a permit for a garage sale in San Jose?
No. San Jose Municipal Code § 20.30.110 treats a compliant garage sale as a non-commercial incidental use of a dwelling, so no Development Permit is required if you stay within the frequency, duration, and hour limits.
How many garage sales can I hold per year in San Jose?
Two. Section 20.30.110(E) allows no more than two such sales in any calendar year, and each one is capped at four consecutive days.
What hours can I run my garage sale?
Only between 9:00 a.m. and 9:00 p.m., per SJMC § 20.30.110(E)(3).

Sources & Official References

Other rules in San Jose

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