San Jose, CA

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…

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…

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…

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…

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 §…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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)…

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…

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…

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…

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…

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…

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…

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…

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…

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 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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

Artificial turf is allowed in unincorporated Santa Clara County, and California Civil Code 4735 bars HOAs from prohibiting synthetic grass. Large new landscapes may need a Sustainable…

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…

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…

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…

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…

Unincorporated Santa Clara County requires an owner to live in either the main house or the junior ADU whenever a junior accessory dwelling unit is added: standard ADUs carry no such…

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…

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…

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…

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…

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…

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…

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…

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…

California requires hosting platforms to warn hosts to check their lease and insurance before listing (Business and Professions Code 22592), and AB 537 requires short-term lodging…

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

Under California SB 1383 and the County garbage code, residents and businesses in unincorporated Santa Clara County must separate organic waste (food scraps, food-soiled paper, yard…

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…

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…

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…

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…

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.

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

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

San Jose enforces a 1,000-foot buffer between cannabis dispensaries (medical marijuana collectives) and schools, parks, libraries, community centers, daycares, and treatment facilities…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

California Assembly Bill 1276 (Health and Safety Code Section 42271) prohibits food-service businesses statewide from automatically providing single-use foodware accessories, requiring…

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…

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…

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…

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…

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…

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

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…

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…

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…

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…

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…

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…

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…

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…

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…

San Jose requires ADU condominium conversion projects to form a homeowners or property owners' association before parcel map approval, responsible for maintaining common areas…

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…

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…

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…

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…

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…

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…

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)…

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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…

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…

Historic and architecturally significant properties in unincorporated Santa Clara County can be designated county 'landmarks' if they are 50 years or older, retain historic integrity…

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.

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

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…