San Jose, CA Holiday Decorations: Lawn Ornament Rules (2026)

Lawn ornaments - garden gnomes, religious statues, decorative animals, seasonal figures - are not regulated by San Jose's municipal code on private residential property. SJMC 20.120 (Sign Regulations) defines signs by their communicative purpose, and lawn ornaments without commercial messaging fall outside its scope. Religious displays receive additional protection under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), preempting any general size or material rule. Political signs are addressed separately at SJMC 20.120.860: residential political signs are allowed without a permit, capped at 6 sq ft per face in single-family zones and 16 sq ft in multifamily, and must observe a 3-foot setback from the property line. Items placed in the public planter strip or sidewalk require an encroachment permit under SJMC 13.04. HOA communities frequently require architectural review for permanent statuary, prohibit certain materials (such as gazing balls or pink flamingos), or limit the number of ornaments visible from the street.