Milpitas, CA

Backyard chickens are allowed in Milpitas: up to six may be kept outdoors per residence under Section V-210-7.02-2(a), with any coop meeting accessory-structure setbacks. Larger…

Milpitas does not ban dogs by breed. Chapter 210 of the Municipal Code classifies dogs as potentially dangerous on a five-level scale set entirely by documented behavior, from menacing…

Milpitas requires every dog off its owner's property to be on a leash. Section V-210-4.05 of the Municipal Code makes it unlawful to let a dog run unrestrained in public unless it is…

Milpitas regulates cats mainly through a feral-cat care standard and a licensing carve-out. Section V-210-6.05 requires anyone caring for feral cats to feed them regularly, trap and…

Milpitas caps household pets at a combined total of four dogs and/or cats over four months old under Section V-210-7.02-1, and separately bars keeping any animal on a residential lot…

Milpitas does not require every pet to be sterilized, but Section V-210-7.02-1 limits each household to one unspayed female dog and one unspayed female cat, and Section V-210-6.10 bars…

Milpitas does not mandate microchipping, but Section V-210-8.15 lets a microchipped dog or cat skip the physical license tag other licensed animals must wear at all times, so long as…

Milpitas does not let anyone keep, sell, or trade a dangerous animal, defined by size, disposition, or other traits that endanger humans, without first getting a dangerous animal…

In the City of Milpitas, dogs, cats and other animals may only be sold, bartered or given away at a permitted pet shop, commercial kennel, animal shelter, horse establishment, or a…

Table B.6.020-A of the Milpitas Zoning Ordinance permits veterinary clinics outright in the C1, C2, and HS commercial zones, but requires a Conditional Use Permit in the CO…

In the City of Milpitas, no one may trap, catch, injure, annoy, molest, or destroy any wild or domestic animal inside a city park without a written permit from the City Manager. The…

Beekeepers in unincorporated Santa Clara County must set hives back 25 to 300 feet from property lines and roads depending on colony count, and must notify the Agricultural…

Feeding deer, geese, or other wildlife in a Santa Clara County Park is prohibited unless the Parks Director issues a Valid Permit; unincorporated county parks are declared wildlife…

Milpitas bans animal noise that disturbs neighbors. Section V-210-4.03 of the Municipal Code makes it unlawful for an owner to let any animal bark, howl, wail, bay, yelp or cry often…

In Milpitas residential zones, disturbing noise may not exceed 65 dB or three decibels over the local ambient level, whichever is stricter, measured from the property line of the noise…

Milpitas Municipal Code § V-213-2 names loud car stereos and revving a stationary engine as illustrative examples of prohibited "Disturbing Noise." In residential zones that noise is…

Outdoor amplified music at a Milpitas restaurant or bar may not exceed 70 to 90 dB measured from the property line, dropping to 65 dB when the parcel sits within 100 feet of an R1 or…

In residential Milpitas, any Disturbing Noise audible between 10:00 p.m. and 7:00 a.m. from 50 feet of the source's property line, or 100 feet for a moving source, is automatically a…

Construction, including delivery of materials and supplies, is limited to 7:00 a.m. to 7:00 p.m. on weekdays and weekends in the City of Milpitas, and barred entirely on the six…

Unincorporated Santa Clara County has no separate dedicated leaf-blower ordinance; gas leaf blowers fall under the County Noise Ordinance's exterior limits and 'domestic power tools'…

In unincorporated Santa Clara County, helicopters can't exceed 80 dBA daytime noise over residential or commercial areas, or violate nighttime limits, without a variance; military and…

Milpitas requires approved smoke detectors in every unit and adjacent common corridor where bedroom window security bars are installed, placed in each bedroom and any hallway next to a…

Milpitas' Fire Code amendment bans possessing, manufacturing, storing, selling, handling, or using fireworks anywhere in the city, including the state-classified "Safe and Sane"…

Unincorporated Santa Clara County bans burning refuse outright unless every agency with air-quality or fire jurisdiction, the Bay Area Air Quality Management District, the local fire…

Properties in unincorporated Santa Clara County must maintain 100 feet of defensible space under California Public Resources Code 4291. The county fire marshal inspects, and annual…

Much of unincorporated Santa Clara County - the Santa Cruz Mountains and Diablo Range foothills - is mapped as High or Very High Fire Hazard Severity Zone and wildland-urban interface…

In unincorporated Santa Clara County parks, open fires are barred except in a provided camp stove or fireplace, and every campfire needs five feet of cleared ground around it.

California uniformly applies the State Fire Marshal's propane storage standards through the California Fire Code, which all local jurisdictions must enforce as a minimum.

In the City of Milpitas, it is unlawful for any owner, agent or occupant to let weeds accumulate on a parcel or on the adjacent sidewalk or street to its centerline. City code defines…

Anyone installing a new or rehabilitated landscape covered by Milpitas's Water Efficient Landscapes ordinance must work at least four cubic yards of compost per 1,000 square feet of…

In the City of Milpitas, watering lawns, plants and turf is banned outside 6:00 p.m. to 9:00 a.m. and limited to four days out of any seven, on a fixed schedule tied to whether your…

In the City of Milpitas, removing a street tree, protected tree, or heritage planting is unlawful without a Public Works Department removal permit under Municipal Code § X-2-4.02…

In the City of Milpitas, trimming an Approved Street Tree requires a Public Works Department permit under Municipal Code § X-2-4.03, unless the work is minor, such as removing suckers…

Synthetic turf is allowed in the City of Milpitas as a substitute for natural grass for water conservation or in high-traffic areas. Municipal Code Section XIII-C.4.050.E requires…

In the City of Milpitas, any graded or developed site must use low-maintenance native vegetation in permanent replanting areas, consistent with the local Fire Code, and must retain…

Rainwater harvesting is legal and encouraged in unincorporated Santa Clara County. California's Rainwater Capture Act (AB 1750) lets owners collect rooftop rainwater without a state…

Milpitas bars parking a vehicle, including an RV, camper, or boat, on the lawn or unpaved surface of a residential front yard or corner side yard, requiring a paved driveway or a…

The Milpitas City Manager decides where loading and passenger loading zones go, limited to no more than half of any block's curb length. Milpitas Municipal Code § V-100-11.01 sets that…

In the City of Milpitas, an abandoned, wrecked, dismantled or inoperative vehicle on private or public property (other than a highway) is declared a public nuisance under Chapter…

The City of Milpitas requires vehicles on residential property to park only in paved parking spaces or driveways that connect to those spaces, under Municipal Code Section…

In the City of Milpitas, electric vehicle charging stations and EV-capable parking spaces count toward a project's required parking under Municipal Code § XIII-C.6.090. The number…

In the City of Milpitas, posted signs can bar commercial vehicles from parking on a street between 9:00 p.m. and 6:00 a.m., or ban them outright at any hour on certain streets, with…

In the City of Milpitas, no one may park a vehicle on a public street or alley for more than a consecutive 72 hours. Milpitas Police officers authorized by the Chief Police Officer may…

In the City of Milpitas, the traffic code sets the basic rules for parking along a curb: vehicles must generally park facing the direction of traffic, may sit within 18 inches of a…

In the City of Milpitas, curb paint tells drivers exactly what they may do at that spot: red bars all stopping, yellow and white limit loading to a few minutes on weekdays, green caps…

The Board of Supervisors can designate residential permit parking areas in unincorporated Santa Clara County where only permitted residents and exempt vehicles may park.

California doesn't ban private-property towing, but Vehicle Code Section 22658 controls how it happens. A posted sign at least 17 by 22 inches must warn drivers before a tow company…

In the City of Milpitas fences on the valley floor top out at 42 inches in front and street-side setbacks near the property line, and six feet along interior side and rear lines…

The City of Milpitas prohibits barbed wire fencing within four feet of a public sidewalk, electrically charged fences unless required by law, and most chain link fencing facing the…

In the City of Milpitas, a residential fence in the side or rear setback that goes above the standard six-foot limit up to eight feet needs written consent from the adjoining property…

In the City of Milpitas, retaining walls built within the 'H' Hillside Combining District cannot exceed six feet in height, while crib walls that fence a roadway can run up to fifteen…

Cost-sharing for a boundary fence between neighbors in unincorporated Santa Clara County is governed by California Civil Code Section 841, the Good Neighbor Fence Act. Adjoining owners…

In the City of Milpitas, an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) can be rented out, but only for stays of 30 days or longer under Milpitas Municipal…

When a Milpitas homeowner converts a garage into an accessory dwelling unit, the city's zoning ordinance requires the garage door to be removed and replaced with windows or a door…

In the City of Milpitas, an accessory dwelling unit carries no owner-occupancy requirement at all under Municipal Code § XIII-C.10.030.E.7, so the owner may rent out both the main…

In the City of Milpitas, an accessory dwelling unit built under Municipal Code § XIII-C.10.030.F is capped at 1,200 square feet if detached, or 50 percent of the primary home's floor…

In the City of Milpitas, no impact fee may be charged for a junior accessory dwelling unit or for an accessory dwelling unit under 750 square feet, under Municipal Code §…

In the City of Milpitas, a backyard shed is regulated as an accessory structure: it must sit on the rear half of the lot, stay at least three feet from a rear or side lot line abutting…

Unincorporated Santa Clara County allows one movable tiny home per lot in place of a standard ADU, but only if it's ANSI 119.5-certified, DMV-registered, incapable of self-propulsion…

Anyone running a business from a Milpitas home needs a Home Occupation Permit before starting, and the business must be run only by the residents of the dwelling, with no employees…

A Milpitas home occupation can host no more than two clients on the property at any one time under the city's zoning ordinance, and only one vehicle belonging to a visiting client may…

A Milpitas home occupation cannot post any sign on or off the property, cannot mark or paint a business sign on a vehicle stored at the house, and cannot display products where they…

In the City of Milpitas, a large family child care home is a permitted home-based use in every residential zone, but Municipal Code Section C.10.140 still sets a 300-foot spacing…

Government Code section 51035 forbids any California city, county, or city and county from prohibiting a cottage food operation in a residential dwelling. The local agency must pick…

California lets home cooks sell meals from their own kitchen under a microenterprise home kitchen operation (MEHKO) permit, capped at 30 meals a day, 90 a week, and $100,000 in annual…

In the City of Milpitas, Municipal Code Section C.10.200.C.6 allows only hosted short-term rentals: the owner or operator must be living in and present at the dwelling during the STR…

In the City of Milpitas, Municipal Code Section C.10.200.C.7 caps short-term rental occupancy at two persons per bedroom plus one additional person, with separate daytime (7 a.m. to 9…

In the City of Milpitas, an owner must obtain a Short-Term Rental Permit under Municipal Code Section C.10.200.C.1 and a City Business License before renting a dwelling short-term, and…

In the City of Milpitas, Municipal Code Section C.10.200.C.13 requires the short-term rental operator or its hosting platform to collect and remit the Transient Occupancy Tax under…

In the City of Milpitas, Municipal Code Section C.10.200.C.11 requires an STR operator, or the hosting platform on the operator's behalf, to carry liability insurance of at least…

In the City of Milpitas, Municipal Code Section C.10.200.C.12 limits short-term rentals to dwelling, lodging, and sleeping purposes only, expressly banning any commercial or assembly…

Milpitas requires every short-term rental to provide one off-street parking space under Municipal Code Section XIII-C.10.200.C.4. The space must meet Chapter C.6 parking and loading…

Milpitas confines short-term rentals to the primary dwelling unit on a property under Municipal Code Section XIII-C.10.200.B.3, barring STRs in accessory structures, ADUs, and…

In the City of Milpitas, building a residential swimming pool or spa requires a permit reviewed under the same Title II, Chapter 1 permit process that governs every adopted…

Residential pools and spas must meet California's Swimming Pool Safety Act. When a building permit issues for a new or remodeled single-family pool or spa, the owner must install at…

In the City of Milpitas, an administrative citation for a continuing code violation must give the responsible person at least 15 days to fix it before a fine is imposed. If the…

Unincorporated Santa Clara County's Community Preservation ordinance defines "property blight", abandoned buildings, dead vegetation, illegal outdoor storage, junk vehicles, graffiti…

In the City of Milpitas, anyone attending an open and public meeting of the City Council, a board, commission or committee has the right to record it with an audio or video recorder…

Unincorporated Santa Clara County requires Board of Supervisors approval before any county department acquires or uses automated license plate readers, with a public Surveillance Use…

Commercial businesses in the City of Milpitas must supply enough properly labeled recycling, organics and trash containers for employees, contractors and customers, matching the City's…

In the City of Milpitas, green waste such as grass, leaves, weeds, prunings, dead plants and branches must go in the green container and cannot exceed six inches in diameter or three…

Under Milpitas' SB 1383 organics ordinance, every owner, agent or occupant in the City of Milpitas must subscribe to and pay for solid waste, recycling and organic materials collection…

In the City of Milpitas, the authorized waste contractor may not landfill any material that qualifies as a recyclable material or organic material under the Solid Waste Management…

In the City of Milpitas, putrescible solid waste and organic materials cannot sit on a premises for more than a week; the Solid Waste Management chapter requires at least weekly…

In the City of Milpitas, discarded appliances, furniture, tires, carpets and mattresses that need special handling because of size or weight are classified as bulky items under the…

Every owner, agent or occupant of property in the City of Milpitas must subscribe to and pay for solid waste, recycling and organics collection through the City's authorized contractor…

Milpitas requires a masonry enclosure for every commercial or multi-family dumpster, matched in color and material to the building, with solid metal gates painted to match. Municipal…

Throwing away, dumping, or burying refuse anywhere but an approved disposal site is unlawful in unincorporated Santa Clara County.

Multi-family and nonresidential properties in unincorporated Santa Clara County must screen trash enclosures on three sides with a six-foot masonry or wood wall, keep them out of view…

In the City of Milpitas, the Solid Waste Management chapter exists in part to prohibit the harboring and breeding of rodents and insects, and every trash, recycling and organics…

Unincorporated Santa Clara County requires every inspected food facility to post the Director's inspection placard within five feet of the front door, clearly visible to the public and…

Under California Health and Safety Code §113948, every food handler in Santa Clara County must obtain an ANSI-accredited food handler card within 30 days of hire. Cards are valid for…

Sharps manufacturers selling products in Santa Clara County must fund and run a County-approved take-back program, so residents get free mail-back kits and drop-off sites for used…

The City of Milpitas bans smoking in recreational areas, outdoor dining areas, service areas, and public places during public events, plus a 25-foot buffer around any area where…

Milpitas makes it unlawful to drink or possess an opened alcoholic beverage in a public place, including streets, sidewalks, City parking lots, playgrounds, and school grounds, unless…

Milpitas requires pedestrians to cross streets at right angles to the curb, or by the shortest route to the opposite curb, unless they use a marked crosswalk. Milpitas Municipal Code §…

Lingering in the median strip of a Milpitas street is unlawful for any purpose, including panhandling, under Milpitas Municipal Code § V-100-9.05. The only exception is stopping…

Smoking marijuana is banned across Milpitas public places and recreational areas: the Municipal Code's smoking definition expressly reaches cannabis smoke, and § V-215-1.20 bars…

In the City of Milpitas, riding a skateboard on public property set aside for skateboarding requires wearing a protective helmet, elbow pads and knee pads at all times, under a chapter…

The county can designate no-solicitation zones where soliciting money, work, or business from vehicle occupants on the roadway is a misdemeanor.

Unincorporated Santa Clara County treats gatherings of four or more where minors drink alcohol as a public nuisance; hosts face administrative citations up to $1,000 and liability for…

Unincorporated Santa Clara County bars urinating or defecating anywhere in a County Park except in an enclosed restroom fixture the Parks Director has designated for that use.

Milpitas' weed and rubbish abatement chapter applies to any lot, premises or grounds in the City, improved or vacant, and imposes an affirmative duty on the owner, agent or occupant to…

Milpitas' Neighborhood Beautification ordinance declares junk piles, dilapidated buildings, sagging fences, overgrown vegetation, and disorderly outdoor storage visible from the public…

Snow is extremely rare in Santa Clara County's valley floor and Santa Clara County has no snow clearing ordinance; mountain properties should clear for safety.

Milpitas amended California Fire Code Section 903.2 so new buildings over 1,000 square feet need automatic fire sprinklers, and existing Group R (residential) buildings must add…

Milpitas requires any security bars, grilles, or grates on bedroom windows or required exit doors to carry a quick-release latch operable from inside without a key, tool, or two hands…

Milpitas adopted the 2025 Green Building Standards Code and layers its own compliance thresholds on top: new residential projects of five or more units must earn 50 Green Points or…

The City of Milpitas requires an electrical permit for any electrical installation, alteration or repair, enforced under the 2025 California Electrical Code adopted at Municipal Code §…

The City of Milpitas requires a plumbing permit for work covered by the 2025 California Plumbing Code, adopted at Municipal Code § II-7-1.01. The Building Official reviews plans and…

In the City of Milpitas, child care centers are a zoned use governed by Municipal Code Section C.10.140, which sets development standards for child care facilities to comply with state…

In the City of Milpitas, the Building Official must review every permit application's construction documents, specifications and fee payment before issuing a permit under Milpitas…

Santa Clara County elevators are regulated by Cal/OSHA under Labor Code 7300 to 7324. Every conveyance needs annual inspection and a current permit. HOA and condo elevators follow…

Santa Clara County pre-1978 home renovation follows EPA RRP rules and CA Health and Safety Code 17920.10. Contractors disturbing more than 6 sq ft interior or 20 sq ft exterior painted…

On unincorporated county lots bordering Los Altos that carry the -n1 combining designator, homes are capped at a 0.35 floor-area ratio on smaller lots and a 27-foot maximum height, to…

Unincorporated Santa Clara County withholds a building's final inspection and certificate of occupancy until the County Fire Marshal clears its fire protection facilities and access…

In the City of Milpitas, no one can run a business, collect donations, or use a loudspeaker inside a city park without a written permit from the City Manager first. Milpitas Municipal…

A Milpitas restaurant that wants to add outdoor or sidewalk dining needs a Minor Site Development Permit, written property-owner permission, and Fire Department sign-off, and cannot…

A Milpitas block party on a residential street needs Police Chief approval to close the street under Municipal Code Section V-100-13.05, plus a Special Event Permit if it falls into…

Milpitas requires a Special Event Permit for any parade or organized procession on a public street under Municipal Code Section XIII-D.4.120.C.1, and gives simple parades that skip…

Milpitas treats a street fair as a Special Event under Municipal Code Chapter E.2's definition, and most street fairs qualify as 'Major events' under Section XIII-D.4.120.C.2.c because…

Posting a No Soliciting sign on residential property in Milpitas makes it unlawful for a solicitor to approach that door. Milpitas Municipal Code § V-15-3.02 bans soliciting on posted…

Unincorporated Santa Clara County requires peddlers, solicitors, and itinerant merchants to obtain a Sheriff's Office permit, wear a photo-ID badge, and limit door-knocking to between…

City of Milpitas parks close at night, and staying inside one between 10 p.m. and dawn is unlawful under Milpitas Municipal Code § V-9-4.04. The City Council can also set different…

In the City of Milpitas, minors may not remain or loiter on any street, sidewalk, park or other public place between 10 p.m. and 5 a.m. Milpitas Municipal Code Section V-8-1.00 sets…

In the City of Milpitas, no one may excavate in any state highway, county road, city street or other public roadway without an encroachment permit from the City Engineer. Applicants…

In the City of Milpitas, Municipal Code § X-10-1.00 makes it unlawful to erect, place, or leave any structure or object, including newspaper recycling containers, on a public street…

California Streets and Highways Code 5610 makes abutting property owners responsible for sidewalk repair in unincorporated Santa Clara County, with county-issued repair notices.

Milpitas does not ban any specific plant by name. Its Water Efficient Landscapes chapter defines an 'Invasive Plant Species' as one not historically found in California that spreads…

Milpitas water customers must fix leaks, breaks and malfunctions in a timely manner at all times, and the City's Water Shortage Contingency Plan turns that duty into a hard deadline…

In the City of Milpitas, potable water cannot be used for irrigation whenever recycled, reclaimed, or treated sewage effluent water is available. The permanent restriction is enforced…

Adult businesses in Milpitas need a police-issued permit before opening and can only locate in the H-S, M1 or M2 zoning districts, at least 1,000 feet from any school, park…

Every massage business in Milpitas needs both a City permit from the Chief of Police and CAMTC state certification for each technician, and can only operate between 7:00 a.m. and 10:00…

The City of Milpitas flatly prohibits any vehicle-related use, including auto repair, from operating as a home occupation, so residents cannot run a repair shop, detailing service, or…

In the City of Milpitas, only a tow-truck operator on the Chief Police Officer's approved list may remove a vehicle that officers order towed from a street, park or unlawful location…

In the City of Milpitas, opening a Smoke/Tobacco Shop requires a discretionary Conditional Use Permit in the C1 Neighborhood Commercial, C2 General Commercial and HS Highway Services…

In the City of Milpitas, a pawnbroker needs a Minor Conditional Use Permit to operate in the C2 General Commercial or HS Highway Services zones under Table B.6.020-A, and is not…

Secondhand and junk dealers operating in unincorporated Santa Clara County must hold a county license, pay a $30 fee, and produce business records and acquired property for inspection…

Body art practitioners and facilities anywhere in Santa Clara County, including San Jose and other cities, need Public Health Department permits and registration under the county's…

In the City of Milpitas, it is unlawful to discharge nonstormwater or contaminated stormwater into any City storm drain or watercourse under Chapter XI-16, which lists prohibited…

In the City of Milpitas, any construction or development within a FEMA-mapped area of special flood hazard requires a development permit from the Floodplain Administrator before work…

In the City of Milpitas, new residential construction in a mapped flood hazard area must have its lowest floor, including any basement, elevated at least one foot above the base flood…

Any grading, excavation or clearing permit issued in the City of Milpitas must come with an erosion control plan that follows the citywide Engineering Design Guidelines' Stormwater…

The California Coastal Act, Public Resources Code sections 30000 through 30900, requires Coastal Development Permits for nearly all work in the coastal zone and gives the Coastal…

Milpitas charges up to 14 percent transient occupancy tax on hotel, motel and short-stay rentals, collected by the operator from any guest occupying a room for 30 consecutive days or…

Santa Clara County's Living Wage Policy requires county service contractors to pay minimum living wages and provide health benefits. The policy covers contractors providing services to…

In the City of Milpitas, the City Council designates buildings, sites and districts as cultural resources under the Cultural Resources Preservation Program. Once designated, no one may…

Milpitas sorts every business into a fixed license tax classification, from a $35 basic rate for retail, manufacturing and professional firms scaled by employee count, to flat per-unit…

Milpitas has no general rent control for apartments, but its Mobile Home Park Rent Increases chapter caps space rent hikes at the lesser of 5 percent or half the CPI increase, once per…

In the City of Milpitas, every landlord must give tenants a written rent increase notice that follows Cal. Civ. Code § 827(b): 30 days for increases of 10% or less, 60 days for…

Once a tenant has lived in a Milpitas rental for 12 continuous months (24 months if new adult tenants were added), the owner cannot end the tenancy without just cause, stated in the…

California Civil Code §1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent statewide. Santa Clara County adds no local cap, so the…

Rental units in unincorporated Santa Clara County must meet the 2024 International Property Maintenance Code, adopted as the county's Housing Code and enforced by the Development…

Unincorporated Santa Clara County applies California's AB-1482 no-fault grounds: owner move-in, substantial remodel, demolition, government order, and Ellis Act withdrawal. Each path…

Santa Clara County has not adopted a countywide tenant anti-harassment ordinance for unincorporated areas. Tenants rely on California Civil Code §1940.2 against forcible exclusion plus…

Santa Clara County has no countywide rent stabilization, so pass-through charges in unincorporated areas follow state law. AB-1482 caps annual rent increases at 5% plus CPI, capped at…

California Government Code §12955, expanded by SB-329 in 2020, prohibits housing discrimination based on lawful source of income, including Section 8 vouchers. Santa Clara County…

Santa Clara County has no countywide relocation ordinance for unincorporated areas. State law controls: AB-1482 requires one month of rent for no-fault terminations and the Ellis Act…

California evictions run through the unlawful detainer process. Under Code of Civil Procedure § 1161, nonpayment requires a 3-day notice to pay rent or quit (excluding weekends and…

California Civil Code § 1954 limits when a landlord may enter a rented home. Except in emergencies, abandonment, or with tenant consent, the landlord must give reasonable written…

California sets no fixed dollar or percentage cap on rent late fees, but a late fee in a residential lease is treated as liquidated damages. Under Civil Code § 1671, such a fee is…

To end a California month-to-month tenancy, a tenant gives 30 days' written notice. A landlord gives 30 days if the tenant has lived there under a year, or 60 days if a year or more…

California adverse possession requires five years of continuous, open, hostile possession AND payment of all property taxes during that period under Code of Civil Procedure § 325. A…

In the City of Milpitas, planting any tree in a public right-of-way or parkway requires a written permit from the Public Works Department under Municipal Code § X-2-4.01, unless a…

In the City of Milpitas, the City Council can designate any tree or grove as a heritage tree by resolution under Municipal Code § X-2-7.01-3, protecting it from removal without a…

In the City of Milpitas, a tree becomes legally protected once its trunk reaches 56 inches in circumference on residential property, or 37 inches on commercial, industrial, or vacant…

In the City of Milpitas, personal property, tents, and structures left in the public right-of-way in violation of the sit-lie ban are a public nuisance under Municipal Code § X-9-2.00…

In the City of Milpitas, Municipal Code § X-9-1.00 bars sitting, lying, sleeping, or storing personal property, tents, or structures in a street, sidewalk, or public right-of-way…

The City of Milpitas prohibits every commercial cannabis use, including dispensaries, retailers, manufacturers, microbusinesses, testing labs, distributors, and cultivators, from…

Health and Safety Code section 11362.2 grants every adult 21 or older the statewide right to cultivate up to six cannabis plants indoors, and bars local governments from completely…

In the City of Milpitas, a built-in barbecue pit or smoker counts as an accessory structure under the Zoning Ordinance and cannot exceed six feet in height. It must also clear the same…

In the City of Milpitas, a built-in backyard barbecue pit or water feature is capped at six feet in height and, as an accessory structure, must generally sit on the rear half of the…

The City of Milpitas requires all new or replacement exterior light fixtures to minimize impacts on the night sky and neighboring properties. Milpitas Municipal Code Section…

The City of Milpitas caps light spilling onto a neighbor's property at 0.3 foot-candles measured at the property line. Milpitas Municipal Code Section XIII-C.2.070.C.5 requires every…

In the City of Milpitas, a billboard may be non-illuminated, internally illuminated, or externally illuminated, but Table C.8.050-D of Municipal Code § XIII-C.8.050.D bars any lighting…

Operating a food truck in the City of Milpitas takes several sign-offs under Municipal Code § XIII-C.10.170: a Santa Clara County Department of Environmental Health permit, a City…

Table B.4.020-A of the Milpitas Zoning Ordinance permits one mobile food vehicle in every residential zone, R1 through MHP, but Footnote 1 cuts that back sharply: in R1, R2 and R3 it's…

In the City of Milpitas, pushcarts, wagons and vending vehicles selling food or merchandise on a public street may stop only at a buyer's request and for no more than ten minutes at…

Table B.4.030-A of the Milpitas Zoning Ordinance sets minimum yard setbacks by residential zone. In the R1 (Single-Family) zone, the front setback minimum is 25 feet and the rear…

Table B.4.030-A caps primary building height at 30 feet in the R1 and R2 zones, rising to 35 feet (3.5 stories) in R3, 60 feet (4 stories) in R4, and 35 feet (3 stories) in the Mobile…

In unincorporated Santa Clara County, single-family residential districts (R1, R1E, RHS, R1S, R2) carry no separate lot-coverage percentage, bulk is controlled through setback and…

In the City of Milpitas, digital billboards are allowed only as part of a permitted billboard sign under Table C.8.050-D of Municipal Code § XIII-C.8.050.D. Every display must show…

In the City of Milpitas, a billboard sign facing a freeway must sit adjacent to an interstate highway or state route and stay at least 1,000 feet from the next billboard on the same…

In the City of Milpitas, political signs may go up on private property without a Sign Permit before an election, but Municipal Code § XIII-C.8.070.E.2 requires every one to come down…

In the City of Milpitas, a window sign may not cover more than 25 percent of the contiguous window area it's mounted in, rising to 40 percent in the C2 General Commercial and HS…

Milpitas caps backup generator noise from wireless telecommunication facilities at 40 decibels measured at an adjacent residential property line under Municipal Code Section…

A Milpitas bar or restaurant may run outdoor music only as an accessory use in the C1, C2, TC, MXD or MXD3 zones, and only between 9:00 a.m. and 11:00 p.m., under Municipal Code §…

Unincorporated Santa Clara County caps air-conditioning and air-handling equipment noise at 50 dBA on a neighbor's property line and 45 dBA at a neighboring patio or window, absent a…

Unincorporated Santa Clara County bans loud loading, unloading, and container handling near homes between 10 p.m. and 7 a.m., and at any time if it breaches the Table B11-152 decibel…

In unincorporated Santa Clara County, a motor vehicle burglar alarm that doesn't shut off within 15 minutes of activation is a noise-code violation.

Milpitas grants qualifying affordable-housing projects at least one development incentive beyond California's state density bonus law under Municipal Code Section XIII-C.12.040.A…

In the City of Milpitas, the Building Department must approve small residential rooftop solar systems, up to 10 kilowatts AC or 30 kilowatts thermal on a single or duplex home, through…

Santa Clara County issues expedited residential solar permits within 3 business days under AB 2188 and AB 1414. Title 24 mandates solar on new homes. PG and E interconnection runs…

Santa Clara County HOAs cannot ban solar under Civil Code 714 and 4753. Aesthetic rules adding over 1000 dollars or losing 10 percent efficiency are void. Complete applications deem…

In the City of Milpitas, a Data Center is a by-right permitted use in the M1 Light Industrial, MP Industrial Park and BPRD Business Park Research and Development zones under Table…

In the City of Milpitas, cyclists moving slower than traffic must ride as close as practicable to the right-hand curb except when passing, turning left or dodging a hazard, and drivers…

In unincorporated Santa Clara County parks, Class 1 and Class 2 electric bicycles may only ride trails and roads specifically signed for e-bike use: plain bike-trail signage isn't…

A low-speed vehicle in California may not be driven on any roadway with a speed limit above 35 miles per hour. Vehicle Code section 21260 permits it to cross a faster road only where…

In the City of Milpitas, a dedicated Agricultural (A) zone reserves land for farming and keeps it from being crowded out by incompatible development, requiring a five-acre minimum lot…

California Civil Code §3482.5 protects established agricultural operations from nuisance suits after three years of consistent activity. SCC layers this with the Williamson Act and…

Launching or landing a drone in any Santa Clara County Park requires a Valid Permit from the Parks Director; unauthorized flights from park land are prohibited countywide.

Unincorporated Santa Clara County bans operating any drone, commercial UAS included, in a way that interferes with firefighting, law enforcement, or emergency response; only…

Unincorporated Santa Clara County exempts yard and garage sales from outdoor-storage rules only if each sale runs three consecutive days or less, happens no more than four times a…

California Penal Code sections 25400 and 25610 require firearms transported by vehicle in Santa Clara County to be unloaded, with handguns inside a locked container or trunk. Long guns…

California Penal Code section 25400 prohibits carrying a concealed firearm without a CCW. The Santa Clara County Sheriff issues permits to county residents under shall-issue rules…

California Penal Code section 26350 bans open carry of unloaded handguns in incorporated areas, and section 26400 bans openly carried unloaded long guns. All fifteen Santa Clara County…

California preempts most local firearm regulation under Government Code 53071 and Penal Code 25605, reserving licensing, registration, and manufacture authority to the state. However…

Santa Clara County HOAs must offer free Internal Dispute Resolution under Civil Code 5900 and Alternative Dispute Resolution under 5925 before filing enforcement lawsuits. ADR…

Santa Clara County HOA architectural review runs under Civil Code 4765. Owners submit written applications and receive written decisions, and associations must apply fair and…

Santa Clara County HOA dues follow Civil Code 5600 to 5740. Regular dues cannot rise over 20 percent yearly, special assessments over 5 percent need a member vote, and delinquencies…

Santa Clara County HOAs enforce CC and Rs under Civil Code 5850 to 5895. Fines require 10 day written notice and a board hearing, and cannot become a lien unless tied to assessments…

California's Davis-Stirling Act gives every HOA member the right to inspect and copy association records under Civil Code § 5205. Boards must produce current-year records within 10…

California voids any HOA governing-document clause that effectively bans or unreasonably restricts a clothesline or drying rack in an owner's exclusive-use backyard. Civil Code Section…

Civil Code section 4735 voids any HOA rule that bans low-water plants, turf replacement, or artificial turf, and bars fines for cutting back watering during a declared drought…

Civil Code § 4745 voids any HOA covenant or governing-document rule that prohibits or unreasonably restricts installing an EV charging station in an owner's unit or designated parking…

Civil Code § 4705 bars every California homeowners association from limiting a member's display of the United States flag on their own lot or within their exclusive-use common area…

California law caps homeowners association fines at $100 per violation or the amount listed in the association's published penalty schedule, whichever is less. Civil Code section 5850…

A California homeowners association cannot foreclose on a member’s home over unpaid dues until the delinquent assessments alone reach $1,800, or until the assessments secured by the…

Civil Code § 4741 bars every California homeowners association from adopting or enforcing a rule that prohibits, or unreasonably restricts, renting out a separate interest, and sets a…

Santa Clara County has no predictive-scheduling ordinance. California AB-1228 governs fast-food workers via the statewide Fast Food Council. Outside fast food, no local or state…

California sets a statewide minimum wage floor under Labor Code 1182.12, $16.90 per hour for all employers as of January 2026. Local governments are not preempted and may set higher…

California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours…

California AB-1884 (Public Resources Code section 42270) and AB-1276 make Santa Clara County a straws-on-request jurisdiction. Restaurants countywide cannot auto-distribute single-use…

California AB-1276 (Health and Safety Code §42270 et seq.) prohibits full-service and takeout food facilities from providing single-use utensils, straws, or condiment packets unless…

California prohibits grocery stores and large retailers from providing single-use plastic carryout bags under Public Resources Code 42280-42288, enacted by SB 270 (2014) and ratified…

California restricts expanded polystyrene food containers statewide through SB 54 (2022) packaging requirements under Public Resources Code 42040-42081. The law mandates that…

California AB-1236 (Labor Code §2814) prohibits Santa Clara County and any city from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors…

Federal Tobacco 21 (Public Law 116-94) and California Business and Professions Code section 22963 bar Santa Clara County retailers from selling cigarettes, cigars, vapes, or any…

Retailers in unincorporated Santa Clara County can't sell any tobacco product with a characterizing flavor other than tobacco: menthol, fruit, candy, or dessert flavors are all…

Commercial filmmaking or photography in any Santa Clara County Park needs a Valid Permit from the Parks Director, and TV, radio, or movie rights need a separate reviewed contract.

California's Gambling Control Act bars any city or county from issuing a gambling license to a cardroom unless a local ordinance authorizes it first: one adopted by voters after…

California Penal Code § 326.5 lets only tax-exempt nonprofits, mobilehome park associations, senior groups, and school-affiliated charities run bingo, and only under a local city or…

California law exempts private home card games from gambling regulation entirely. Penal Code § 337j(e)(2)(D) excludes any card game played in a private home or residence from the…

California has no legal sports betting, in stores or online. Penal Code section 337a criminalizes bookmaking, pool-selling, and placing or accepting any bet on the result of a sporting…

Sobriety checkpoints are lawful in California and stopping at one is a statutory obligation, not a courtesy. Vehicle Code § 2814.2(a) requires a driver to stop and submit to a sobriety…

California is one of the few states that answers this by statute rather than by case law alone. Penal Code § 148(g) says that photographing or making an audio or video recording of a…

California has no general stop-and-identify statute. The old Penal Code § 647(e), which required a person lawfully detained to give "credible and reliable" identification, was held…

California has no statute that requires you to consent to a search of your car, and none that requires an officer to warn you that you may refuse. What the Legislature and the voters…

California works from a closed list: Vehicle Code section 24003 says no vehicle may carry any lamp or illuminating device not required or permitted by the code, so an accessory light…

California measures dash cam placement in square inches. Vehicle Code section 26708(b)(13) lets a video event recorder occupy a seven-inch square in the lower corner of the windshield…

Lane splitting is lawful in California. Vehicle Code section 21658.1, added by AB 51 in 2016, defines it as driving a motorcycle with two wheels in contact with the ground between rows…

California does not let you put a cover over your license plate. Vehicle Code section 5201(c) allows exactly two things: a full car cover on a lawfully parked vehicle, and a license…

No section of the California Vehicle Code makes it an offense for a private motorist to own, carry or use a radar detector. The prohibition in Vehicle Code section 28150 reaches only…

California permits metal studded tires only between November 1 and April 30, and only where the studs are tungsten carbide or another suitable material and the metal touching the road…

California never publishes a "legal VLT" for front side windows because it does not permit aftermarket darkening there at all. Vehicle Code section 26708(d) allows only clear…