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Milpitas, CA Short-Term Rentals: Noise Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Milpitas Municipal Code § C.10.200.C.12
Prohibited uses
Weddings, corporate events, parties
Related cap
Occupancy/gathering limit, § C.10.200.C.7
Complaint contact
24-hour Alternative Contact Person, § C.8
Enforcement
Permit revocation under § D.18.070

Summary

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 use such as a wedding, corporate event, or party, the ordinance's main tool against noise and nuisance complaints from STR gatherings.

12.Commercial and Assembly Uses Prohibited. STRs are limited to dwelling, lodging, and sleeping purposes only. Use of the STR for any other commercial uses or assembly uses such as weddings, corporate events, or parties, is prohibited.

Full Breakdown

Milpitas's Short-Term Rental ordinance does not set a numeric decibel limit specific to STRs; instead, Subsection C.12, Commercial and Assembly Uses Prohibited, controls STR-generated noise by banning the events that cause it. The Subsection states that STRs are limited to dwelling, lodging, and sleeping purposes only, and that use of the STR for any other commercial uses or assembly uses such as weddings, corporate events, or parties, is prohibited. Read together with Subsection C.7's Maximum Occupancy cap, which separately bars any gathering where the number of persons will exceed the permitted maximum occupancy limits, the ordinance attacks nuisance-generating gatherings from two directions: Subsection C.7 caps how many people can be on site at all, and Subsection C.12 bans the categories of event, weddings, corporate functions, parties, most likely to draw a crowd past that cap and disturb neighbors.

A neighbor who calls in a noise or party complaint reaches the Alternative Contact Person that Subsection C.8 requires every STR to designate, who must be available 24 hours a day and respond in person within 60 minutes; that contact, not the police non-emergency line, is the ordinance's first line of response before Code Enforcement gets involved. The Purpose clause in Subsection A frames the whole Section around protecting all neighborhoods from potential adverse impacts caused by the operation of STRs, which Subsection C.12's party ban and C.7's occupancy cap exist to carry out.

Violations & Fines

Hosting a wedding, corporate event, or party at a Milpitas STR violates Subsection C.12's ban on commercial and assembly uses. Section G lets the City revoke the Short-Term Rental Permit after notice and a hearing under Section D.18.070, and because Section H makes Municipal Code remedies cumulative, the City may combine revocation with an administrative citation under Section I-21-1.04, starting at $100 for a first violation.

Frequently Asked Questions

Can I host a wedding or party at my Milpitas short-term rental?
No. Subsection C.12 of Milpitas Municipal Code Section C.10.200 limits STRs to dwelling, lodging, and sleeping purposes only, and it expressly prohibits using the unit for a commercial or assembly use such as a wedding, corporate event, or party, regardless of how many guests are invited.
Does Milpitas have a specific noise limit for short-term rentals?
The ordinance does not set a decibel number for short-term rentals. Instead it controls STR noise indirectly, through Subsection C.12's ban on parties and assembly uses and Subsection C.7's cap on gathering size, both of which the City enforces through the same Short-Term Rental Permit and its revocation process.
Who do I call about a loud party at a Milpitas short-term rental?
Every STR must designate a 24-hour Alternative Contact Person under Subsection C.8, who must respond in person within 60 minutes of a complaint about the unit's condition, operation, or conduct, which covers a noise or party complaint, before Code Enforcement or the police get involved.

Sources & Official References

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