San Jose does not require a permit for residential garage sales but limits each property to a maximum of four sales per calendar year, each lasting up to three consecutive days. Sales must occur between 8:00 AM and sunset. Signs on public property are prohibited. Violations are infractions starting at $100.
San Jose treats garage sales as casual residential activity and does not require a permit, but the Municipal Code limits frequency and conduct to prevent properties from becoming de facto retail operations. Each residential property may hold a maximum of four garage sales per calendar year, and each individual sale may not exceed three consecutive days. Sales must occur between 8:00 AM and sunset, and only personal used household items belonging to the resident may be offered — no commercial inventory, new merchandise, or items brought in from off-site.
Signage is regulated under the city's sign ordinance. Garage sale signs may not be placed on utility poles, traffic-control signs, street trees, medians, or any public right-of-way. Signs are allowed only on the seller's own private property. Code Enforcement actively removes illegally posted signs, especially in high-traffic corridors. Repeated violations may trigger more aggressive enforcement.
Operating beyond the four-sale annual limit or selling commercial inventory is an infraction with fines starting at $100 for a first offense, $200 for a second, and $500 for a third within a 12-month period. Each day of unauthorized sale is a separate offense. Illegal signs are removed and disposed of by Code Enforcement without notice.
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