Local Rules Near Downtown San Jose

San Jose bans letting an animal habitually disturb a neighborhood by barking, howling, crying or baying: it's a declared public nuisance and animal control can seize the animal.

San Jose's noise code names three vehicle sounds as disturbing the peace by definition: misused horns, loud exhaust systems, and revving a parked engine outside of repair work.

San Jose bars jet takeoffs and landings at Mineta San José International Airport between 11:30 p.m. and 6:30 a.m. unless the jet is listed on the city's schedule of authorized quiet aircraft, with a $2,500 fine per violation.

San Jose bars construction activity within 500 feet of a residential unit before 7 a.m. or after 7 p.m. on weekdays, and at any time on weekends, unless a permit expressly allows otherwise.

San Jose restricts gas-powered leaf blowers through state-mandated emissions rules and local noise limits. California's AB 1346 phases out sales of new gas-powered small off-road engines, and San Jose enforces noise standards under Municipal Code Title 20 when blowers operate outside daytime hours or exceed residential decibel limits near property lines.

San Jose caps noise at 55 decibels at the property line in residential zones, rising to 60 dB between commercial parcels and 70 dB between industrial parcels, under the zoning code's performance standards.

San Jose bans amplified sound at outdoor dining and activity areas within 150 feet of homes unless separated by a building or 100 feet including a public street, per Municipal Code § 20.80.895.

San Jose sets no clock-hour noise curfew. Municipal Code § 10.16.010 bans disturbing or unreasonably loud noise in any neighborhood around the clock, day or night, rather than restricting it to nighttime hours.

Any operator renting a short-term rental to transients must register with the Director of Finance and post a transient occupancy registration certificate on the premises within 30 days of starting the rental business.

San Jose limits incidental transient occupancy, renting rooms in an occupied home, to 180 days a year when the host is absent overnight, but allows up to 365 days when the host stays on-site.

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.

San Jose's incidental transient occupancy ordinance defines 'host present' as the host being on-site every night between 10 p.m. and 6 a.m., a status that unlocks higher occupant counts and a 365-day rental cap under Table 20-165.

San Jose requires hosts of Chapter 17.23 rent-stabilized dwellings to occupy the unit as their primary residence for at least 60 consecutive days before offering it for incidental transient occupancy under SJMC § 20.80.170.

San Jose caps short-term rental occupancy at 2 persons per bedroom plus 2 additional, with an absolute ceiling of 10 guests regardless of bedroom count. The limit appears on the Business Tax Certificate and must be posted inside the unit. Daytime gathering limits further restrict guest counts during events.

San Jose hosts must collect and remit the transient occupancy tax on every short-term rental, 10% of rent under Chapters 4.72 and 4.74, whether they pay it directly or a hosting platform remits it under a city agreement.

Unlike Los Angeles, San Jose does not offer an Extended Home-Share permit allowing more than 180 hosted nights per year. SJMC Chapter 20.80 governs Incidental Transient Occupancy with caps tied to host presence rather than a separate extended tier.

San Jose Municipal Code § 9.10.820 bans burning any solid waste anywhere in the city, including backyard trash and yard-waste fires. Street and public-property fires are off-limits too, except for fire department personnel or a chief-issued bonfire permit.

Cal Fire maps significant portions of eastern and southern San Jose as Very High Fire Hazard Severity Zones, including Alum Rock, East Foothills, Evergreen, Silver Creek, and Almaden Valley rims. Homes in these zones face stricter building codes, defensible space inspections, insurance scrutiny, and AB 38 disclosure requirements on sale.

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.

San Jose enforces defensible space requirements under California Public Resources Code §4291 in the East Foothills, Alum Rock, Almaden Valley, and Silver Creek WUI zones. Property owners must maintain 100 feet of defensible space around structures, with annual inspections by San Jose Fire Department and Cal Fire in mapped hazard areas.

San Jose enforces California Building Code and Health & Safety Code smoke alarm requirements, mandating working alarms in every bedroom, outside each sleeping area, and on each level of a home. Carbon monoxide alarms are also required. Hardwired interconnected alarms are standard in new construction and major remodels.

San Jose bars burning solid waste and open fires citywide, but the fire prevention bureau chief may permit a bonfire or other outdoor fire under Municipal Code Section 9.10.820(E), via the Chapter 17.12 fire code process.

San Jose limits commercial vehicles to one consecutive hour in marked freight loading zones, and passenger drop-offs to five minutes, unless the vehicle displays a special loading permit issued under SJMC Chapter 11.52 Part 4.

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.

San Jose bans parking or storing an unmounted camper or vehicle in a residential front setback for more than 48 hours unless the surface is paved, and caps paving at 50% of that setback.

San Jose designates permit parking areas neighborhood by neighborhood, Cadillac, Berryessa flea market, College Park, Horace Mann and more, where parking without a displayed, valid permit is prohibited during posted days and hours.

San Jose designates specific streets as no-overnight-parking zones where, once signs are posted, no one may stop, stand, or park a vehicle between 10:00 PM and 6:00 AM, under Municipal Code § 11.36.255.

San Jose requires EV charging infrastructure in new construction under CALGreen Tier 2 standards. Residential new builds need 100% EV-ready parking; multifamily and commercial projects face graduated requirements. Public charging stalls are reserved for actively charging vehicles, with fines for non-EVs blocking chargers.

San Jose Municipal Code § 11.51.010 assigns fixed meanings to red, yellow, white and green curb paint: red bars stopping and standing outright, yellow limits loading to posted hours, white caps stops at five minutes, and green limits parking to twelve minutes absent a posted sign.

San Jose treats an abandoned, dismantled, or inoperative vehicle left on private or public property as a public nuisance under SJMC Chapter 11.104, enforced by the Department of Neighborhood Preservation with abatement and cost recovery.

San Jose requires RVs, trailers, and boats parked in a front or corner-side yard to sit on paved surface and RVs in the front yard to be parked perpendicular to the street.

San Jose Municipal Code Chapter 11.36 governs on-street parking. Residential streets are swept once per month on a posted day; high-traffic and downtown streets are swept 2–4 times per month between 2:00 AM and 11:00 AM. Vehicles parked in posted no-parking zones during sweeping receive a citation, and tow-zone violators are towed.

San Jose exempts retaining walls under 4 feet from a building permit, but residential zoning caps accessory retaining walls at just 2 feet unless a Special Use Permit is granted for greater height.

San Jose caps residential fences at three feet in the front setback and seven feet along rear and side lines under Table 20-80; anything taller needs director approval or a formal variance.

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.

San Jose fences that meet the height limits in Table 20-80 need no permit, but anything over three feet in a front setback or seven feet elsewhere requires director approval under Municipal Code § 20.30.600.

San Jose caps every dwelling unit at a sliding scale of adult dogs and cats, up to five cats with no dogs, or three dogs with two cats, under Municipal Code § 7.40.020, enforced by the city's animal services officers.

San Jose has no citywide law requiring pet dogs or cats to be spayed or neutered. The mandate is narrow: once the city formally designates a dog "potentially dangerous," § 7.30.910(B) requires that dog be spayed or neutered as a condition of keeping it.

San Jose lets cats wear a microchip instead of a metal license tag, and exhibition dogs skip wearing the tag if implanted with a chip carrying the same license information.

San Jose requires anyone operating a pet shop to hold an animal facility permit and meet dedicated facility standards: a fully enclosed building, working heating, cooling and ventilation, sunlight protection for the animals, and hot and cold running water tied to the sanitary sewer.

California Fish and Game Code requires a CDFW permit to possess or rehabilitate native wildlife. San Jose residents who find injured animals should call the Wildlife Center of Silicon Valley, the area's permitted rehabilitator, rather than attempting home care. Possessing wildlife without a permit is a misdemeanor.

San José requires cats over four months old to be licensed and rabies-vaccinated, caps households at five adult cats, and makes it unlawful for a cat to stray or run at large on public or private property without consent.

San Jose prohibits intentional feeding of wildlife that creates a nuisance or public safety concern, including coyotes, raccoons, deer, and wild turkeys. Feeding can attract predators to neighborhoods near Alum Rock, Almaden, and Silver Creek foothills, and city enforcement actively responds to complaints.

San Jose's Municipal Code labels a dog dangerous or vicious based on documented bites, attacks or injuries under Chapter 7.30: never because of its breed. No local ordinance singles out pit bulls or any other breed for extra restrictions.

San Jose requires a permit before keeping any hive of bees on a lot or parcel, caps residential apiaries at two hives, and sets fixed setbacks from property lines and neighboring dwellings.

San Jose dogs must be on a leash no longer than six feet on streets, sidewalks, and most public and shared private areas, with a narrow twenty-foot exception in open space.

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.

San Jose bans veterinary services, grooming, boarding, and animal breeding as a live/work business in its Urban Village and Mixed Use zoning districts.

San Jose allows up to six chickens or other small animals without a permit, but a permit is required above that or for any livestock, and roosters over four months old are banned citywide.

San Jose requires anyone operating a pet grooming business, a commercial shop or in-home paid grooming, to obtain an animal facility permit from the city before opening for business.

San Jose's City Council can declare weeds or refuse growing on any street, parkway, sidewalk, or private property a public nuisance, then have the fire chief abate it and bill the property owner for the cost.

San Jose allows rain barrels or cisterns as a Building Official-approved alternative when a single-family home can't meet the standard downspout-to-landscaping drainage rule.

During a declared 30%+ water shortage, San Jose bans new outdoor landscape installation with overhead irrigation May through October, but drought-tolerant and native plants are exempt from that ban.

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.

San Jose bans irrigating outdoor landscaping with potable water between 10 a.m. and 8 p.m., and caps landscape-irrigation-system watering at fifteen minutes per station per day, under Municipal Code § 15.10.290: hand watering, drip irrigation and self-closing hoses are exempt.

California SB-1383 requires every San Jose resident and business to separate food scraps and yard trimmings from trash. San Jose's Sustainable Materials Management program provides curbside organics carts and enforces participation through franchise haulers and the city.

San Jose requires street trees to keep an 8-foot vertical clearance over sidewalks and 14-foot clearance over the roadway, and bars pruning or removing a street tree without a permit from the Parks, Recreation and Neighborhood Services director.

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.

San Jose's zoning code lists a state-licensed family day care home as a permitted incidental residential use under Municipal Code § 20.30.110(C), meaning no conditional use permit or special zoning approval is required beyond the home occupancy itself.

San Jose caps home occupations at two clients on-site at a time, allowed only between 9:00 a.m. and 9:00 p.m., under the zoning code's home occupation performance criteria.

San Jose allows home-based businesses in dwellings without a separate permit, but only if the activity meets every numeric performance standard in Municipal Code Table 20-160: client counts, vehicle limits, hours, signage, and location rules all apply at once.

San Jose exempts prefabricated above-ground pools from a building permit only if they're under 24 inches deep and hold no more than 5,000 gallons; bigger, deeper, or in-ground pools need a permit under SJMC § 24.02.120.

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. New or remodeled pools must include at least two of seven approved drowning prevention features.

San Jose treats carports as open accessory structures under Table 20-70: a 60-foot front setback, no side or rear setback, and a 12-foot height cap in residential districts, unless it qualifies as a garage instead.

San Jose lets homeowners convert an existing garage into livable space by treating it as an accessory dwelling unit, with no floor-area cap and no requirement to replace the lost covered parking anywhere else on the lot.

San Jose allows one Tiny Home on Wheels per single-family lot under SJMC § 20.30.495, with rear-yard placement, a paved pad, utility hookups, and a detailed design checklist.

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.

San Jose allows one accessory dwelling unit plus one junior ADU on any single-family lot by right, capping floor area at 1,000 to 1,200 square feet and requiring no side or rear setback under Municipal Code § 20.80.175.

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.

San Jose properties in mapped Very High Fire Hazard Severity Zones, including Almaden Valley and Coyote Valley, must maintain 100 feet of defensible space around structures under California Public Resources Code §4291, with annual San Jose Fire Department inspections.

San Jose requires new construction and substantial improvements inside FEMA-mapped special flood hazard areas to elevate the lowest floor to or above the base flood elevation shown on the flood insurance rate map, verified by a licensed engineer or surveyor.

San Jose is an inland city located at the southern end of San Francisco Bay and is not within the California Coastal Commission's jurisdiction. The Coastal Act's coastal development permit requirements do not apply to San Jose. However, development near waterways, wetlands, and the bayfront is subject to local environmental review, CEQA compliance, and permits from agencies such as the US Army Corps of Engineers and the San Francisco Bay Conservation and Development Commission (BCDC) for projects within 100 feet of the bay shoreline.

Any construction or development in a San Jose special flood hazard area needs a development permit from the floodplain administrator before work begins, including manufactured homes.

San Jose requires a grading permit or a director-approved notice of exemption before any excavation or fill work, per Municipal Code § 17.04.310 and § 17.04.340, administered by the Department of Public Works.

Adults 21 and older in San Jose may cultivate up to six cannabis plants per residence for personal use under California Proposition 64 and Health and Safety Code Section 11362.1, with indoor cultivation expressly protected and outdoor cultivation subject to local visibility and security rules.

San Jose enforces a 1,000-foot buffer between cannabis dispensaries (medical marijuana collectives) and schools, parks, libraries, community centers, daycares, and treatment facilities under SJMC Section 20.80.495, exceeding the 600-foot baseline set by California law.

San Jose allows licensed cannabis businesses but every one needs a Zoning Code Verification Certificate confirming the site meets Title 20's locational rules before it can open.

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. San Jose does not require a permit for personal cultivation within these limits. Medical patients with a physician's recommendation may cultivate additional plants as allowed under state law (Health & Safety Code §11362.77).

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.

Under the California Solar Rights Act (Civil Code §714), HOAs in San Jose cannot prohibit or unreasonably restrict solar panel installations. HOAs may impose reasonable restrictions related to aesthetics but cannot increase the cost of the system by more than $1,000 or decrease its efficiency by more than 10%. AB 274 (2021) strengthened protections by voiding any CC&R provision that effectively prohibits solar installations and imposing fines on HOAs that delay approvals beyond 45 days.

San Jose issues same-day, nondiscretionary building permits for small residential rooftop solar systems under 10 kW AC that meet the city's expedited checklist, per Municipal Code Chapter 17.86, adopted to comply with state solar permitting law.

San Jose caps window signs, permanent and temporary combined, at 25% of the window frame area per window. Animated window signs are banned, and stock-in-trade displayed within 12 inches of the glass counts as signage too.

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.

San Jose bans any sign other than an attached sign that faces and is visible from a freeway, unless the parcel sits within the urban service area and either borders another public right-of-way or has direct freeway access.

San Jose regulates election signs as a distinct sign category, capping freestanding signs in residential zones at six feet, barring them from public property entirely, and limiting display to the nomination period plus ten days after the election.

San Jose's Code Enforcement Division actively enforces property maintenance standards under SJMC Title 17 (Building Code), the Housing Code (Chapter 17.20), and the Public Nuisance provisions. Property blight includes peeling paint, broken windows, accumulation of junk and debris, inoperable vehicles, overgrown vegetation, graffiti, and structural deterioration. The City operates a Neighborhood Blight Initiative targeting visible deterioration in residential neighborhoods.

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.

San Jose has a Mediterranean climate with no measurable snowfall. The City does not have a snow removal or sidewalk clearing ordinance. Property owners are responsible for general sidewalk maintenance including keeping sidewalks clear of debris, vegetation overgrowth, and obstructions under SJMC Title 13 (Streets, Sidewalks and Public Places). Sidewalk repairs for damage caused by street trees may be addressed through the City's sidewalk repair program.

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.

San Jose limits billboard illumination to continuous, non-flashing lighting under Municipal Code § 23.04.450(F), and caps light-source appendages at eight linear feet from the billboard's wall mount or freestanding message surface.

San Jose landlords cannot end a tenancy without a legally recognized just-cause reason under SJMC § 17.23.1240: one of 13 grounds in the city's Tenant Protection Ordinance, with every termination notice copied to the City.

The Santa Clara County Housing Authority administers Section 8 Housing Choice Vouchers across San Jose. Landlords must accept voucher holders under California source-of-income protection and follow SCCHA inspection, payment-standard, and contract rules.

San Jose's Mobilehome Rent Ordinance requires a park landlord to give the new mobilehome owner or tenant written notice of the rent increase anniversary date whenever a new rent is set after a lot vacancy, so residents know when an increase is coming.

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.

San Jose's Housing Code (SJMC Chapter 17.20, Part 9) declares a dwelling with no hot water, inadequate heat, structural hazards, or unsanitary conditions to be substandard housing and a nuisance, with the repair duty falling on the owner even when a lease tries to shift it to the tenant.

California Government Code 12955 bans landlord discrimination based on a tenant's lawful source of income, including Section 8 vouchers and other government rental assistance. San Jose enforces these protections through state agencies and its rental rights program.

Under the San Jose Apartment Rent Ordinance, landlords of pre-1979 apartments may pass through certain capital improvement, debt service, and utility costs only with Housing Department approval. Add-ons must be itemized and sunset when costs fully amortize.

Under San Jose's Tenant Protection Ordinance, a landlord may end a covered tenancy without tenant fault only for owner or relative move-in, Ellis Act withdrawal, demolition, or substantial remodel. Each path requires advance notice and relocation pay.

California Civil Code 1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent for most landlords. San Jose follows state law without adding a local cap or registration requirement.

San Jose landlords of Rent Stabilized Units must register each unit annually with the Housing Department on a city-approved form, per Municipal Code Section 17.23.900; missing the deadline triggers a late fee.

Under San Jose's Tenant Protection Ordinance, landlords ending an apartment tenancy for no-fault reasons must pay tiered relocation assistance. Amounts equal multiple months of rent and add a higher tier for qualified vulnerable households.

San Jose's Apartment Rent Ordinance (ARO) under SJMC Chapter 17.23 is one of California's strongest local rent control laws. The ARO covers rental units in buildings with 3+ units that received a certificate of occupancy before September 7, 1979. Annual rent increases are capped at 5% of the current rent. Landlords must petition the Rent Stabilization Program for increases exceeding the annual allowable amount. The City also enforces the statewide Tenant Protection Act (AB 1482) for units not covered by the local ordinance.

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.

San Jose bans keeping a commercial dumpster or rolloff box in the public furnishing zone except from 12 hours before scheduled pickup through 6 hours after, and bars them from sidewalks, curbs, gutters, alleys, and streets entirely.

San Jose requires every residential property to subscribe to weekly recycling, organic materials, and solid waste collection, and bars owners from blocking those pickups, whether or not the home is occupied or waste is set out.

City holidays interrupt San Jose's normal 7-day collection cycle, so trash, recycling, and organics pickup can be postponed to the next working day of your hauler.

San Jose caps curbside yard waste piles at five feet in any dimension and requires them set at least one foot from the curb, or bagged/binned where in-street placement isn't allowed.

Every residential property in San Jose must have weekly solid waste, recycling, and organic materials collection whether or not the home is occupied or waste is set out, and regular pickup never happens on Saturday or Sunday.

Recyclables set out for pickup become the authorized collector's property under city code, and only that collector may take them. Anyone else who removes recyclables from a curb, bin, or alley collection point commits a separate offense each time it happens.

San Jose limits how early garbage and recycling carts can hit the curb and requires them stored out of sight the rest of the week.

San Jose collects garbage, recycling, and yard trimmings weekly on the same day. Find your day with the city's Residential Services Lookup. Only Thanksgiving, Christmas, and New Year's Day push collection one day later.

San Jose residents can set bulky goods, old furniture, appliances, tires, yard debris, on the public parkway only within the scheduled pickup window, for collection by the city's authorized residential hauler under Municipal Code § 9.10.1080.

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.

San Jose regulates mobile vending locations through its zoning code (SJMC Title 20) and business licensing provisions. Food trucks and mobile vendors may operate in commercial and industrial zones and at approved special event locations. The City has established designated vending areas in downtown San Jose and near major employment centers. Vendors must not block pedestrian access, fire hydrants, or emergency access routes. California's Safe Sidewalk Vending Act (SB 946) limits the City's ability to ban sidewalk vending outright.

Food trucks operating in San Jose must obtain a Mobile Food Facility Permit from the Santa Clara County Department of Environmental Health and a San Jose Business Tax Certificate. Operators must also comply with SJMC Chapter 6.54 regulating peddlers and solicitors. Food trucks must meet California Retail Food Code requirements including proper food handling, storage temperatures, and waste disposal. The City has designated certain areas where food trucks may operate and requires compliance with health, fire, and parking regulations.

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). Food vendors must hold a valid Santa Clara County health permit.

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. Religious, political, and charitable canvassers are exempt. "No Soliciting" signs are enforceable for commercial visits.

San Jose residents can post 'No Soliciting' or 'No Trespassing' signs to deter unwanted door-to-door solicitors under SJMC Chapter 6.54. Solicitors must respect posted signs and leave immediately when asked. Ignoring a posted 'No Soliciting' sign constitutes a violation of the solicitor's permit conditions and may also constitute trespass under California Penal Code §602. The City encourages residents to report persistent soliciting violations to the San Jose Police Department non-emergency line.

San José parks close at hours the Parks, Recreation and Neighborhood Services director posts by sign at each park, there's no single citywide closing time in the code, and staying past that posted hour without authorization is against the law.

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. to 5 a.m., under the Youth Protection Curfew Ordinance, Municipal Code Chapter 10.28.

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.

San Jose sets minimum front, side, and rear yard setbacks for each residential zoning district in Table 20-60 under Municipal Code § 20.30.200: front setbacks run from 10 feet in R-M to 50 feet in R-1-RR, with separate interior and corner-lot minimums for side and rear yards.

San Jose caps building footprint at 75% of lot area on small state-mandated SB9 split lots, sliding down to 65% and then 60% as lot size grows, but this numeric lot-coverage table applies only to Senate Bill 9 urban lot splits and streamlined two-unit projects, not to an ordinary single-family lot.

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.

Planting a street tree in the Furnishing Zone/Parkstrip in San Jose requires a director-issued permit before you dig, and the property owner must maintain and replace any street tree fronting their lot.

San Jose designates heritage trees by city council resolution based on factors like history, girth, height, species, or community significance, and protects them under Municipal Code Chapter 13.32 with citation-based civil penalties for damage or removal.

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.

San Jose requires ADU condominium conversion projects to form a homeowners or property owners' association before parcel map approval, responsible for maintaining common areas, collecting dues, and enforcing project standards.

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. Solar energy systems, EV charging stations, satellite dishes, and drought-tolerant landscaping cannot be unreasonably restricted. San Jose's Green Building Ordinance may affect HOA review of energy-efficient modifications.

HOA boards in San Jose must follow the Davis-Stirling Common Interest Development Act (Civil Code §§4900-4935) for all meetings. Board meetings must be open to members with at least 4 days advance notice. Executive sessions are limited to specific topics (litigation, personnel, contracts, member discipline). Annual meetings require 10-30 days notice. Secret ballots are required for elections.

HOA assessments in San Jose follow the Davis-Stirling Act (Civil Code §§5600-5740). Regular increases over 20% require member approval. Special assessments exceeding 5% of annual budget need a member vote. Foreclosure for delinquent assessments cannot proceed unless debt exceeds $1,800 or is 12+ months overdue. Late fees capped at 10% or $10, whichever is greater.

The Davis-Stirling Act requires HOAs and members in San Jose to attempt Internal Dispute Resolution (IDR) under Civil Code §5900 and Alternative Dispute Resolution (ADR) under Civil Code §5930 before filing lawsuits. Refusing ADR can result in paying the other side's attorney fees at trial. Santa Clara County Bar Association and local mediation services handle HOA disputes.

CC&Rs in San Jose HOAs are enforceable under the Davis-Stirling Act. Associations must provide at least 10 days written notice and a hearing opportunity before imposing fines per Civil Code §5855. CC&R provisions conflicting with California law, including restrictions on solar, EV charging, political signs, flags, and drought-tolerant landscaping, are void and unenforceable.

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.

San Jose's building official runs permitted work through six mandatory checkpoints, foundation, slab, rough, frame, lath, and final, before a building can be occupied.

San José adopts the 2025 California Residential Code in full under its own building code, and the local exclusion list leaves CRC Section R315 intact, so the state's carbon monoxide alarm mandate is enforced citywide through the City's own Municipal Code.

San Jose requires automatic fire sprinklers in new one- and two-family homes' garages, carports, and covered porches or decks, going beyond the state's baseline NFPA 13D standard under a local Fire Code amendment adopted November 2025.

San Jose enforces the 2025 California Electrical Code with local amendments under SJMC § 24.06.100, so any wiring, panel or circuit work needs a permit issued against that adopted code, not a locally written electrical code.

San Jose requires a building permit before erecting, altering, repairing, or demolishing any building, structure, or building service equipment covered by the technical codes.

San Jose requires a separate plumbing permit before any plumbing work begins under Municipal Code § 24.02.100, with narrow exemptions in § 24.02.130 for stopped leaks and fixture swaps that don't rearrange piping.

San Jose requires LEED or GreenPoint Rated certification for new construction: tier one projects file a checklist, tier two projects must hit LEED Silver or GreenPoint Rated, and high-rises need LEED Certified before permits issue.

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.

San Jose requires a special event permit for street fairs, festivals, and similar events on any city street, paseo, plaza, or park, filed 45 days ahead with fees, insurance, and a cleaning deposit under Municipal Code Chapter 13.14.

Anyone organizing a parade on a San Jose street must get a parade permit from the police chief before marching, unless it qualifies as a narrow free-speech exception.

San Jose has no standalone parklet ordinance. SJMC § 20.100.1400 routes sidewalk seating and parklets in the public right-of-way straight into the Chapter 13.37 encroachment permit process, run by the Department of Public Works.

San Jose requires a special event permit before closing a residential street for a block party. For closures of one block or less, apply at least ten business days ahead; the city must decide within five business days.

San Jose requires a permit from the recreation, parks and community services director for exclusive use of any city park facility or park use area, with applications due 20 to 90 business days before the event date.

San Jose Municipal Code § 14.16.2200 puts sidewalk repair on the abutting property owner, not the city. Owners must maintain the sidewalk, parking strip, curb and gutter, and cover the city's inspection and repair costs.

San Jose bans displaying, storing, or vending merchandise on any sidewalk, gutter, alley, or street citywide, with a narrow council-permit carve-out for festivals and community events.

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.

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.

San Jose lets the planning director approve a generator already covered by a development permit through an administrative adjustment, no new permit, no hearing, if it meets citywide performance standards for noise and air pollution.

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.

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. The city's street tree list excludes invasive species.

San Jose allows front yard vegetable gardens. California AB 2561 (2022) protects the right to grow food on residential property. The city encourages edible landscaping and water-wise gardening. Gardens must be maintained and not create a public nuisance.

San Jose has no specific ordinance regulating residential security cameras. California law permits video recording on your own property and in public. Cameras must not record areas with a reasonable expectation of privacy. California Penal Code §647(j) prohibits voyeurism.

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. Video recording in public is legal. Wiretapping carries felony penalties.

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.

California Penal Code section 25400 prohibits concealed carry in vehicles without a permit, and transport must follow strict unloaded and locked-container rules that San Jose enforces alongside state agencies.

California prohibits open carry of loaded and unloaded handguns and long guns in public statewide, leaving San Jose with no separate municipal rule because the state ban already applies citywide.

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.

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.

California AB-1884 prohibits dine-in restaurants from automatically providing plastic straws unless requested, and San Jose layers SJMC Chapter 9.10 single-use foodware rules pushing toward compostable or paper alternatives.

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.

San Jose's Opportunity to Work Ordinance (SJMC Chapter 4.101, 2017) requires employers with 36 or more workers to offer additional hours to qualified part-time employees before hiring new staff or using subcontractors.

California SB-616 (Labor Code §246) requires at least 40 hours or five days of paid sick leave annually. San Jose has not enacted its own city paid-leave ordinance, so the state floor controls for San Jose workers.

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.

California Civil Code §3482.5 shields established agricultural operations from nuisance suits after three years of consistent activity. San Jose applies the state rule; the city has no separate right-to-farm ordinance beyond zoning.

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.

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.

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.

San Jose bicyclists entering a bike lane from an alley, driveway or building must yield to bikes already in the lane. Riding on sidewalks is separately banned in any city-designated area, with a carve-out when the adjacent bike lane is obstructed.

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.

San Jose caps a new data center's noise at 55 dBA DNL at the property line where it sits next to homes or public uses, under General Plan Policy EC-1.3. This is a General Plan and CEQA standard, applied at permit review, not a codified property-line dBA ordinance.

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.

San Jose requires any landscape irrigation system supplied with recycled water to run on its own meter, separate from the potable water supply, and to have zero on-site cross-connections between the two systems.

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.

California Government Code §65915 grants developers up to 50–80 percent density bonuses, parking reductions, and three concessions for restricting units to lower-income or moderate-income tenants. San Jose implements the state law through SJMC Title 20 and Title 18.27 inclusionary housing.

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.

Under California Health and Safety Code §113948, every food handler in San Jose must obtain an ANSI-accredited food handler card within 30 days of hire. Cards are valid for three years. Santa Clara County DEH inspectors verify compliance during routine retail food inspections.

California Civil Code §1954.603 requires every San Jose landlord to give tenants a written bed-bug information notice and disclose known infestations before signing a lease. SJ Code Enforcement and SCC DEH handle complaints; treatment cost typically falls on the landlord under habitability law.

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.

SJMC Chapter 4.100 requires city service contractors and tenants at Mineta San Jose International Airport to pay a living wage well above state minimum, indexed annually. Health benefits offset is allowed; covered workers also accrue paid sick leave and protections against retaliation.

San Jose bans tow companies from charging a fee to release a vehicle before it leaves private property, and vehicle owners who return before towing get five minutes to move their car and avoid the tow entirely.

San Jose controls adult businesses through zoning, not a standalone permit: adult bookstores, theaters, adult entertainment establishments and massage parlors must sit 500 feet from schools and 200 feet from other such uses or residential zones.

San Jose caps pawnbroker permits at six citywide and requires a police-investigated permit plus business license before operating, per SJMC Chapter 6.52.

San Jose requires anyone who owns, manages, or operates a massage business to hold a business permit from the chief of police, plus a separate ownership/management license: issued per location, not citywide.

San Jose requires a city permit and business license before anyone can buy, sell, pawn or exchange secondhand goods bearing serial numbers, initials or inscriptions, jewelry and sterling silver included, with every application vetted by the chief of police.

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.

San Jose requires every tobacco retailer to hold a city-issued tobacco retail license before selling any tobacco product, with new licenses barred within 1,000 feet of schools, parks or libraries and 500 feet of another retailer.

San Jose bans drinking alcohol on any public street, sidewalk, alley, highway, or in parking facilities and off-street parking lots, unless another section of the municipal code specifically allows it.

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.

San Jose bans crossing outside a crosswalk in the central business district and other business districts, unless a police officer directs otherwise or a Scramble signal is in effect.

San Jose bans urinating or defecating in public anywhere outside an enclosed bathroom, restroom or similar structure, under Municipal Code Chapter 10.12's public decency provisions.

San Jose bans loitering that willfully blocks pedestrians on sidewalks and public ways, plus a separate ban on loitering in commercial parking lots for drinking, fighting, or drug and alcohol sales to minors.

San Jose bans smoking in every city park, all outdoor dining areas, and outdoor service lines, plus within 25 feet of community center and library entrances, under Municipal Code Chapter 9.44.

San Jose Municipal Code § 6.88.440(Q) bars smoking, vaping, eating, or otherwise consuming cannabis on public sidewalks and streets within 300 feet of any licensed cannabis business, layered on top of the areas the state already restricts under Health & Safety Code § 11362.79.

San Jose bills hosts for police response costs when officers return to the same loud party or gathering within 12 hours of a first warning to quiet down.

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.