Pop. 68,875 · Tulare County
Tulare Municipal Code does NOT contain a dedicated construction-hours ordinance setting permissible weekday or Sunday hours (unlike many California cities that limit construction to 7 a.m.-7 p.m. weekdays). Chapter 6.40 (Noise) covers policy, definitions, special restrictions, schools/hospitals/churches, and amplified sound, but no construction-specific schedule. Construction noise that disturbs neighbors is cited under § 7.28.030 (nuisance) and Chapter 6.40 special restrictions (§ 6.40.030). Tulare County General Plan Noise Element provides countywide guidance but is policy, not enforceable code.
Tulare Municipal Code does NOT contain a leaf-blower-specific ordinance restricting hours, decibel level, or gasoline-engine use. Unlike many coastal California cities (e.g., Palo Alto, Beverly Hills), Tulare's Chapter 6.40 (Noise) does not single out powered landscape equipment. Leaf-blower noise complaints are evaluated under Tulare M.C. § 7.28.030 (general nuisance — loud or unusual noise disturbing reasonable persons). California has banned the sale of new gas-powered small off-road engines (SORE) including leaf blowers via AB 1346 / CARB regulations effective 2024, but use of pre-existing equipment remains legal statewide.
Tulare Municipal Code § 6.12.210 (Animal nuisances prohibited) makes it unlawful for any owner to permit an animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling, or making other noise. Any violation is expressly declared to be a public nuisance. This complements the general nuisance declaration in § 7.28.030 and the Tulare Animal Ordinance in Chapter 6.12.
Tulare Municipal Code §6.40.071 caps amplified sound at 70 dBA at the property line of any affected property between 6 AM and 10 PM. Sound amplification at city parks and city facilities is measured within 100 feet of the source and may not exceed 85 dBA; permitted Chapter 8.70 parade/community events share the 85 dBA ceiling.
Tulare Municipal Code § 6.40.071 sets specific decibel limits on amplified sound. Amplified sound on property shall not exceed 70 decibels between 6:00 a.m. and 10:00 p.m. (implicitly prohibited or further restricted outside those hours). Activities permitted under Chapter 8.70 (parades, community events) may reach 85 decibels. Sound from amplification equipment at city parks and facilities, measured within 100 feet of the source, shall not exceed 85 decibels. Failure of an event sponsor to enforce these limits can trigger forced curtailment by Tulare Police, citation, or forfeiture of facility-use deposits. Amplified-sound permits are issued under § 6.40.050.
Outdoor amplified music is regulated by Tulare Municipal Code §6.40.071: a 70 dBA limit at the property line of any affected property between 6 AM and 10 PM. City parks and city facilities have an 85 dBA cap measured within 100 feet of the source. Parades and permitted community events run under Chapter 8.70 and share the 85 dBA ceiling.
Aircraft-in-flight noise is preempted by federal law (City of Burbank v. Lockheed Air Terminal, 411 U.S. 624). Tulare Municipal Code Chapter 6.40 cannot regulate flight operations at Mefford Field (KTLR). Airport-proprietor noise-compatibility planning runs through the FAA Part 150 process and Caltrans Aeronautics' Airport Noise Program (Cal. Pub. Util. Code Div. 9 / 21 CCR §§ 5000 et seq.).
Tulare Municipal Code Chapter 6.40 (Noise) does NOT contain a typical daytime/nighttime exterior decibel table for residential property. General loud-noise complaints are enforced under Tulare M.C. § 7.28.030, which declares it a nuisance to operate any device, instrument, vehicle, or machinery that creates loud or unusual noise disturbing reasonable persons of normal sensitivity. Chapter 6.40 itself focuses on policy (§ 6.40.010), definitions (§ 6.40.020), special restrictions (§ 6.40.030), schools/hospitals/churches (§ 6.40.040), and amplified sound (§§ 6.40.050, 6.40.071). State law (Cal. Civil Code § 3479) backstops as a private nuisance.
Motor-vehicle noise on public streets is preempted by California Vehicle Code §§27150–27159 (mufflers) and §23130 (vehicle noise limits). California Air Resources Board / CHP enforce a 95 dBA aftermarket-exhaust limit. Tulare's Chapter 6.40 can address parked-vehicle stereos, idling, and off-road vehicles on private property.
Industrial and commercial noise is regulated by Tulare Municipal Code Chapter 6.40 (Noise), the Title 10 zoning performance standards, and the general nuisance ordinance at Chapter 7.28. Agricultural processing — dairy parlors, packing houses, gins — is largely shielded from nuisance suits by California's Right-to-Farm Act (Civ. Code §3482.5).
Hot tubs and spas in Tulare are 'swimming pools' under Cal. Health & Safety Code § 115921 and normally require the same 60-inch enclosure as a pool. BUT Cal. HSC § 115925 exempts 'hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard' from the Swimming Pool Safety Act's fencing/alarm requirements. A building permit is still required for electrical and structural work.
Above-ground pools holding water more than 18 inches deep are 'swimming pools' under Cal. Health & Safety Code § 115921 and must be enclosed per Tulare Code §§ 10.16.160 / 10.18.160. A narrow exemption applies under the California Residential Code: prefabricated above-ground pools serving a Group R-3 home, holding under 5,000 gallons AND less than 24 inches deep, do not require a building permit (but zoning setbacks still apply).
Tulare follows the California Swimming Pool Safety Act. New construction or remodels at single-family homes must install at least TWO of seven approved drowning-prevention features under Cal. Health & Safety Code § 115922, plus anti-entrapment suction outlets under § 115928. Drowning is the leading cause of unintentional death for California children ages 1–4.
Building permits required for in-ground and most above-ground pools and spas through the Tulare Community Development Department. Construction must comply with the California Building Code (Title 24) and the Swimming Pool Safety Act (Cal. Health & Safety Code § 115920 et seq.). No pool may be filled with water until the enclosing fence is inspected and approved per Tulare Code §§ 10.16.160 / 10.18.160.
Tulare Code §§ 10.16.160 / 10.18.160 require every swimming pool to be entirely enclosed by structures, fences, or walls complying with the California Swimming Pool Safety Act. Pool fences must be at least 5 feet tall (state law requires 60 inches) with no openings larger than 4 inches, and gates must self-close and self-latch.
Tulare has no STR-specific occupancy cap. Maximum occupancy defaults to the California Building Code (Title 24, Part 2) and California Fire Code (Title 24, Part 9) — generally two persons per bedroom plus one additional person, or based on the actual sleeping-area square footage (70 sq ft for the first occupant, 50 sq ft per additional occupant under CBC Section 1208). The defunct Tulare County draft STR ordinance had proposed limiting rental to 'habitable interior spaces in permitted dwellings,' barring garages, tents, treehouses, yurts, camper trailers, and RVs — that standard already follows from CBC habitability rules even without a dedicated STR chapter.
The City of Tulare has no dedicated short-term rental ordinance, but any rental of 30 consecutive days or less is a transient occupancy and triggers state-default tax/business-license duties. Tulare County's draft STR ordinance was voted down 3-2 in February 2025, so the existing County Transient Occupancy Tax (10% of rent) framework remains the operative model for unincorporated comparables; inside the City limits, operators must obtain a city business license under Tulare Municipal Code Title 5 (Business Licenses and Regulations) and Hosts on Airbnb/Vrbo are responsible for state sales/use tax and any applicable TOT collection. Confirm the current city TOT rate and registration form with the City of Tulare Finance Department before listing.
Tulare does not maintain a separate STR registry. Hosts register by applying for a Business Tax Certificate under Tulare Municipal Code Title 5 with the City Finance Department. Tulare County's transient occupancy tax (TOT) is 10% (Tulare County Ordinance Code) and applies to vacation rentals in unincorporated areas, while City of Tulare hotels and lodging operators are taxed under the city's own TOT chapter in Title 3. Beginning Jan 1, 2026, California SB 346 requires hosting platforms to collect and remit TOT directly to local governments where authorized.
Tulare imposes no annual day cap on extended home-share arrangements or long-term hosted stays. Because there is no STR ordinance, hosts may rent rooms or entire dwellings for as many nights as desired, subject only to the general business license requirement (Tulare Municipal Code Title 5) and California state landlord-tenant law (AB 1482 rent cap / just-cause eviction, Civ. Code §§ 1946.2 and 1947.12) once a guest stays long enough to acquire tenant status. Stays of 30 days or more are not subject to transient occupancy tax under Tulare County's TOT framework.
The City of Tulare has not adopted a stand-alone short-term rental (STR) permit ordinance. STR operators must instead obtain a general business license under Tulare Municipal Code Title 5 (Business Licenses and Regulations) and comply with Title 10 Zoning. Tulare County's draft STR ordinance, which would have applied countywide including unincorporated areas, was rejected by the Board of Supervisors 3-2 in 2024. Statewide, California SB 346 (effective Jan 1, 2026) requires platforms like Airbnb and VRBO to share host data with local governments and to collect transient occupancy tax (TOT) on the host's behalf.
Tulare does not require short-term rental operators to carry a minimum liability policy. There is no STR ordinance and no insurance-floor requirement in Title 5 (Business Licenses) of the Tulare Municipal Code. By default, operators rely on platform-provided coverage (Airbnb AirCover up to $1M host liability; Vrbo Liability Insurance up to $1M) or their own homeowner/landlord policy. The Tulare County draft STR ordinance (rejected 2025) had proposed a $1,000,000 general-liability requirement, signaling the regional benchmark even though it never passed.
Tulare Municipal Code does not impose a primary-residence requirement on short-term rental operators. Because the city has no STR-specific ordinance, non-owner-occupied (whole-home, investor-owned) STRs are not categorically banned. The rejected Tulare County draft STR ordinance would have allowed both hosted and unhosted rentals so long as the dwelling was a 'permitted dwelling' with 'habitable interior spaces' — but that countywide ordinance was voted down 3-2 in 2024 and never took effect. California has no statewide primary-residence rule for STRs.
Tulare has no STR-specific quiet-hours rule, so the citywide noise standards under Tulare Municipal Code Chapter 6.40 apply to Airbnb/Vrbo guests just as they do to any other resident. Amplified sound at a guest property may not exceed 70 dB at the property line of any affected area between 6:00 a.m. and 10:00 p.m. (Tulare M.C. § 6.40.071); after 10:00 p.m. and before 6:00 a.m., lower nighttime levels apply. Hosts should write the citywide quiet-hours rule into the house manual to keep guests inside the law.
The City of Tulare does not require the host to be present during a short-term rental stay. Both hosted ('home-share') and unhosted (whole-home) rentals are allowed because there is no STR-specific ordinance in Title 5 (Business Licenses) or Title 10 (Zoning) of the Tulare Municipal Code. Tulare County's rejected 2024 draft STR ordinance would have allowed both hosted and unhosted rentals subject to occupancy caps tied to bedroom count.
Tulare imposes no STR-specific parking ratio. Off-street parking falls back to the citywide residential zoning standards in Tulare Municipal Code Title 10 (Zoning), which generally require two off-street covered spaces per single-family dwelling. Guests may park on the public street subject to Title 10 Vehicle Code provisions (72-hour limit, no parking on lawns, no blocking sidewalks/driveways) and any posted residential parking-permit restrictions. The rejected County draft STR ordinance contemplated one off-street guest space per bedroom — a useful host benchmark even though it never took effect.
Tulare imposes no annual cap on the number of nights a property may be rented short-term. Neither the Tulare Municipal Code nor any California state statute caps STR nights; the Tulare County draft ordinance that would have considered tighter limits was rejected 3-2 in February 2025. Hosts may rent year-round subject only to zoning use (Title 10), the general business license (Title 5), nuisance (§ 7.28.030), noise (Chapter 6.40), and any state TOT registration requirement once stays cross the 30-day transient threshold.
Tulare permits artificial turf in residential yards. There is no Tulare Municipal Code prohibition on synthetic grass, and California Civil Code § 4735 (as amended by AB 349, 2015) voids HOA rules that prohibit or have the effect of prohibiting artificial turf or synthetic surfaces that resemble grass. Installation must still comply with TMC Ch. 10.196 landscape standards and TMC § 7.28 nuisance rules.
Tulare Municipal Code Chapter 7.32 imposes mandatory year-round outdoor watering restrictions tied to a stage-based conservation framework. Odd-numbered addresses water Tuesday and Saturday; even-numbered addresses water Wednesday and Sunday. Irrigation between 11 a.m. and 6 p.m. is always prohibited (§ 7.32.050). Tulare sits in the Kaweah Subbasin, designated critical-overdraft under SGMA, making compliance unusually aggressive.
Tulare Municipal Code § 7.28.030 declares overgrown weeds, dry grasses, and unmaintained lawns a public nuisance. Code Enforcement administratively cites properties with tall weeds or problem vegetation in front or rear yards; Tulare County's Hazard Abatement Program (operative county-wide) uses a 3-inch maintenance benchmark.
Tulare Municipal Code Chapter 8.32 governs street trees and city-maintained landscaping. § 8.32.060 (Street tree and plant maintenance) authorizes the Director of Public Works to require property owners to prune or remove privately planted material interfering with street tree health. § 8.52.020 requires a permit to remove or destroy a heritage tree on private or public property within the city.
Tulare treats weeds as a fire hazard and public nuisance under TMC § 7.28.030. The city issues abatement notices through Code Enforcement; unaddressed parcels are abated by city contractors with costs liened. Tulare County's parallel Hazard Abatement Program under County Code Part 4 Ch. 11 governs unincorporated parcels and uses a 3-inch weed-height trigger before each fire season.
Tulare has no local prohibition on residential rainwater harvesting. California broadly authorizes capture under the Rainwater Capture Act of 2012 (Water Code §§ 10573–10574); barrels and cisterns up to 5,000 gallons that capture rainwater from rooftops are exempt from State Water Board permitting. Graywater systems are governed by California Plumbing Code (Title 24 Part 5) Chapter 16A, with no-permit Tier 1 clothes-washer-to-landscape systems allowed.
Tulare Municipal Code Chapter 10.196 (Landscaping) implements California's Model Water Efficient Landscape Ordinance (MWELO, 23 CCR § 490 et seq.) for new and substantially renovated landscapes. Residential projects ≥ 500 sq ft of new landscape area and non-residential ≥ 500 sq ft must submit a Landscape Documentation Package with a Water Efficient Landscape Worksheet showing the Estimated Total Water Use does not exceed the Maximum Applied Water Allowance. Native and low-water plants are strongly favored.
Owners may remove trees on private property in the City of Tulare; removal of street trees or trees in the public right-of-way requires city approval, and replacement may be required during development.
Residential composting in unincorporated Tulare County is shaped mainly by California's SB 1383 organic-waste recycling law, in effect since January 1, 2022. Jurisdictions must provide organics collection, but backyard (on-site) composting is an allowed way for residents to manage their own organic waste.
The City of Tulare sits on the San Joaquin Valley floor in a Local Responsibility Area (LRA) and is not mapped as a Moderate, High, or Very High Fire Hazard Severity Zone (FHSZ) in CAL FIRE's 2025 LRA FHSZ rollout. As a result, the state Public Resources Code § 4291 100-foot defensible-space rule, Government Code § 51182 vegetation-clearance requirements, and Chapter 7A of the California Building Code (wildland-urban interface ignition-resistant construction) do not directly apply inside city limits.
Tulare Municipal Code Chapter 3.12 (Outdoor Burning) regulates all open burning. Open burning of yard waste, trash and construction debris is prohibited; only contained recreational fires (3-foot fire bowl, clean wood/charcoal) and approved cooking are allowed. The city is also inside the San Joaquin Valley Air Pollution Control District where SJVAPCD Rules 4103 (Open Burning) and 4901 (Wood-Burning Devices) layer additional restrictions and require Air District burn permits for any agricultural or hazard-reduction burn.
Tulare Municipal Code Ch. 3.12 (Outdoor Burning) permits residential fire pits, chimineas and outdoor fireplaces only if the fire area is 3 feet or less in diameter, fuel is clean dry wood or charcoal, and the device sits at least 10 feet from any structure or combustible material (exception for outdoor fireplaces at one- and two-family dwellings). Fires must be constantly attended by a non-impaired adult.
Tulare Municipal Code Chapter 3.22 (HAZARD/WEED ABATEMENT) makes it the duty of every property owner to keep parcels free of dry weeds, brush, rubbish and other fire hazards. The Tulare Fire Department's Prevention Bureau inspects city parcels annually, posts notice, and may abate at owner expense (lien) if not corrected. The city is not in a CAL FIRE Fire Hazard Severity Zone, so PRC 4291's 100-foot defensible-space rule does not directly apply, but TMC Ch. 3.22 is the local equivalent.
Tulare Municipal Code § 3.08.080 allows the sale and discharge of California State Fire Marshal-classified 'Safe and Sane' fireworks on private property only during the Independence Day window. Permit applications for sales booths must be filed with the Fire Marshal by 5:00 p.m. May 1. All bottle rockets, sky rockets, firecrackers, M-80s and aerial fireworks remain illegal under TMC § 3.08.040 and Cal. Health & Safety Code § 12500 et seq.
Tulare does not maintain a stand-alone propane ordinance. By TMC § 3.08.010, the city adopts the California Fire Code (Title 24 Part 9), whose Chapter 61 (Liquefied Petroleum Gases) and NFPA 58 (LP-Gas Code) control container size, location, setbacks and permitting. Residential portable cylinders up to 5 lb may be stored indoors per CFC § 6109.4; larger tanks (any LP-gas exceeding 125 gal aggregate water capacity) require a Tulare Fire Department operational permit per CFC § 105.5.30.
Backyard recreational fires in unincorporated Tulare County follow the adopted 2022 California Fire Code: a wood or charcoal fire for cooking or warmth, kept small, at least 25 feet from anything combustible, attended at all times. Burning trash, rubbish, or yard waste in a backyard fire is prohibited, and the fire official can order any hazardous fire put out.
Unincorporated Tulare County has no separate smoke-alarm ordinance; requirements come from the adopted 2022 California Building/Residential Code and state law. Smoke alarms are required in each sleeping room, outside sleeping areas, and on every level of a dwelling, plus carbon monoxide alarms. The Tulare County Building (Resource Management) division enforces these at construction, sale, and remodel.
Tulare Municipal Code § 10.16.160 specifies that front-yard fences must have a see-through top foot (wrought iron or similar). Masonry fences over 3 feet require engineered footings and a building permit; any fence over 7 feet requires engineered post footings and a permit regardless of material.
Tulare Municipal Code § 10.16.160 caps fences at 4 feet in the required front yard (and street-side yard of corner lots) and 7 feet in side/rear yards. Walls taller than 7 feet require Planning Commission approval, typically only granted to mitigate noise impacts identified in the Tulare General Plan.
Tulare Municipal Code § 10.16.160 sets a 5-foot minimum pool fence height; California Health & Safety Code § 115922 (Swimming Pool Safety Act) imposes the stricter standard of a 60-inch barrier plus at least two of seven approved drowning-prevention safety features for any new or remodeled residential pool or spa.
Tulare does not have a city-level shared-fence ordinance — California Civil Code § 841 (the Good Neighbor Fence Act) governs. Adjoining owners are presumed to share equally in the reasonable cost of building, maintaining, or replacing a boundary fence, after 30 days' written notice.
Tulare follows the California Building Code: retaining walls 4 feet or less in height (measured from the bottom of the footing to the top of the wall) are exempt from a building permit — unless they support a surcharge or impound Class I, II, or III-A liquids. Walls over 4 feet require engineered plans and a building permit.
A building/zoning permit is generally required in the City of Tulare for fences over 6 feet or for masonry/retaining walls; pool barrier fences must meet the California Building Code. Standard residential fences at the height limit may be permit-exempt.
Beyond general height limits, Tulare County's Zoning Ordinance imposes specific fence requirements in certain situations: commercial off-street parking lots abutting residential zones must be screened by a solid 6-foot fence or wall, and swimming pools must be enclosed by a barrier meeting building-code standards.
Tulare County's Zoning Ordinance does not prohibit common residential fence materials such as wood, vinyl, chain-link, or masonry. The only material-specific rules in County code apply to swimming-pool barriers and to required solid screening walls. General construction quality is governed by the adopted California Building Code.
Tulare cannot prohibit cottage food operations in residential dwellings. California's Homemade Food Act (AB 1616, codified at Cal. Health & Safety Code § 113758) requires every city and county to treat cottage food operations as a permitted residential use. Tulare residents can produce non-potentially hazardous foods at home for sale within state-set sales caps after registering or being permitted by the Tulare County environmental health department.
Home occupations in Tulare must stay invisible from the street. Under Chapter 10.124 standards and the residential-character requirement, on-premise advertising signs identifying a home-based business are not permitted on dwellings or yards in R-A, R-1, R-2 or R-3 zones. The only outward indicator allowed is the address numbers required by the Tulare Building/Fire code.
Tulare's home occupation rules (Municipal Code Ch. 10.124) require the business to stay clearly incidental to residential use. That means employees on-site are limited to the residents of the home, customer and client visits to the dwelling must be minimal, and the business cannot generate traffic or parking demand greater than what is normal for a residence in the neighborhood.
Tulare allows home-based businesses in residential zones (R-A, R-1, R-2, R-3) only after the City Planning Department issues a Home Occupation Permit under Tulare Municipal Code Chapter 10.124. A separate Business Tax Certificate (business license) is also required under Title 5 of the Municipal Code before any trade, profession, or occupation may be conducted within city limits.
Tulare cannot prohibit, zone out, or impose a business license fee on a small or large family daycare home. Under Cal. Health & Safety Code §§ 1597.45 and 1597.455 (as amended by SB 234, 2019), family daycare homes are a residential use by right in every Tulare residential zone. Operators are licensed by the California Department of Social Services, not by the City of Tulare.
A home occupation in unincorporated Tulare County must comply with the home-occupation standards of the County Zoning Ordinance (No. 352). The use must be incidental and secondary to the residence, limit non-resident employees and household-incompatible equipment, and avoid commercial signage. Compliance and any required clearance are handled by the RMA Planning Division.
Off-street parking and driveway standards are set in Tulare Municipal Code Title 10 Zoning. Chapter 10.192 establishes the number of required parking spaces by use, and zoning development standards govern driveway dimensions, surfacing, and location.
Tulare uses Municipal Code § 9.48.160 together with California Vehicle Code §§ 22651, 22658, and 22660 to tow vehicles parked or abandoned for more than 72 hours on public streets. Inoperable vehicles on private property visible from the street are abated as a nuisance.
Tulare regulates on-street stopping, standing, and parking under Municipal Code Chapter 9.48 (Title 9 Traffic). The chapter governs commercial-vehicle limits, alley stops, state-highway parking, and removal of long-stay vehicles, layered on top of the California Vehicle Code.
Tulare does not have a citywide nightly parking ban, but Municipal Code § 9.48.120 bans large commercial vehicles in residential districts and § 9.48.160 enforces a 72-hour street-parking limit that is actively used against RVs and trailers parked overnight on residential streets.
California Government Code § 65850.7 (AB 1236) requires every city, including Tulare, to provide expedited, streamlined permitting for residential and commercial EV charging stations. Installations also follow the California Electrical Code and CALGreen Title 24 Part 11.
Tulare regulates recreational vehicle (RV), trailer, and boat parking on public streets and rights-of-way under Tulare Municipal Code Chapter 9.48 (Standing, Stopping, Parking) within Title 9 (Traffic). The general 72-hour rule under Cal. Vehicle Code § 22651(k) applies — any vehicle, RV, trailer, or boat left in the same spot on a public street for more than 72 consecutive hours may be cited and towed. Tulare's existing RV-on-residential-street restrictions were the subject of a March 21, 2023 City Council hearing in which residents asked the Council to temporarily lift them so flood-displaced family members from Porterville, Corcoran, and Springville could shelter in driveway-parked trailers; staff explained the rule was adopted because RVs and trailers in neighborhoods pose a traffic hazard. On-private-property storage (driveways, side yards, rear yards) is the typical compliant location, subject to Title 10 zoning screening rules at §§ 10.16.160 / 10.18.160 (fences and walls) for visibility from the street.
Tulare Municipal Code § 9.48.120 (Commercial vehicle parking restrictions / Large trucks — Parking in residential district) makes it unlawful to leave or park any commercial vehicle of more than two-ton capacity — including trucks, truck trailers, trailers, or tractors — whether attended or unattended, in any residential district as established under the Tulare zoning code. The rule applies on public streets and rights-of-way in any R-zone. State law (Cal. Veh. Code § 22507.5) lets the City further restrict commercial vehicles and trailers between 2:00 a.m. and 6:00 a.m. citywide once entry signs are posted, and § 22507 authorizes additional posted restrictions on any street. Commercial vehicles parked in a residential district in violation of § 9.48.120 are subject to citation and tow.
Unincorporated Tulare County has no blanket size-based street-parking ban, but County Code 3-03-1015 prohibits parking commercial vehicles rated 10,000 pounds GVWR or more on posted roads. All vehicles, including oversized RVs and trailers, are limited to 72 hours of street storage under County Code 3-03-1000.
In unincorporated Tulare County, loading zones are designated by curb color under County Code 3-03-1126: yellow indicates a loading zone for freight or passengers, and white indicates a passenger-loading or postal-mail zone. Only the Director of Transportation may establish these markings, and parking contrary to them is unlawful.
Curb colors in unincorporated Tulare County are set by County Code 3-03-1126: red = no stopping/standing/parking; yellow = freight or passenger loading; white = passenger loading or postal mail; green = limited-time parking as posted; blue = disabled parking. Only the Director of Transportation may paint curbs, and parking against the markings is unlawful.
Animal hoarding is prosecuted under California Penal Code § 597 (animal cruelty) — neither Tulare nor California sets a specific numeric threshold. Hoarding is charged whenever overcrowding compromises animal welfare, nutrition, or veterinary care. Tulare Municipal Code § 6.12.210 (animal nuisances) provides local civil/abatement enforcement; Cal. Penal Code § 597 provides criminal sanctions (misdemeanor or felony 'wobbler').
Tulare has no city-specific wildlife-feeding ordinance. State law controls: 14 CCR § 251.1 prohibits harassing wildlife (which CDFW interprets to include feeding that disrupts normal behavior), and 14 CCR § 251.3 specifically prohibits feeding big-game mammals (deer, bear, elk). Local enforcement may proceed under Tulare Municipal Code § 6.12.210 (animal nuisances) or § 7.28 (general nuisance) if feeding attracts rodents or creates a public-health problem.
Tulare regulates animal keeping under Title 6 Chapter 6.12 (Tulare Animal Ordinance) and Title 10 zoning. Livestock at large is prohibited (§ 6.12), and animals must not become a public nuisance (§ 6.12.210). Commercial agricultural operations are exempted under Cal. Civ. Code § 3482.5 (Right to Farm) — important in dairy-heavy Tulare County.
Tulare does NOT ban or restrict any dog breed. California Food & Ag. Code § 31683 prohibits cities and counties from declaring any breed (including pit bulls) 'potentially dangerous' or 'vicious' based on breed alone — those determinations must rest on individual dog behavior under Cal. Food & Ag. Code §§ 31602–31683. The same statute does, however, permit breed-specific mandatory spay/neuter and breeding programs. Tulare Muni Code §§ 6.12.380 et seq. adopt a citywide spay/neuter framework: all dogs and cats in Tulare must be altered unless the owner obtains an 'Unaltered Animal Certification' under § 6.12.410. Licensing is conditioned on proof of spay/neuter or a valid unaltered certificate.
Beekeeping in Tulare is governed primarily by Tulare County's apiary code (Chapter 5, Agriculture) administered by the Tulare County Agricultural Commissioner, plus California Food & Agricultural Code Division 13 (Bee Management). Apiaries must be registered, identified, and sited to allow pesticide-notification coordination — Tulare County is a top-50 US ag county with extensive crop spraying.
Exotic pet ownership in Tulare is governed primarily by California Code of Regulations Title 14 § 671, which lists hundreds of 'Restricted Species' that cannot be possessed without a permit from the California Department of Fish and Wildlife (CDFW). CDFW does not issue permits for private pet possession. Tulare Municipal Code § 6.12.050 incorporates the state definition by reference: an 'exotic animal' is any wild animal the California Fish and Game Commission has declared prohibited.
Tulare Municipal Code § 6.12.310 prohibits any dog from straying off the owner's property unless restrained by a leash or lead not exceeding eight feet. Off-leash dogs are 'at large' and subject to impoundment. Narrow exceptions cover peace-officer/SAR dogs, sanctioned obedience or competition events, livestock-herding dogs working ranch operations (a Central Valley ag-area carve-out), hunters' dogs while hunting, and dogs inside a designated leash-free park or enclosure. The 8-foot cap matches the typical California standard and is shorter than retractable leashes set beyond 8 feet, which technically violate the code.
Tulare County Ordinance Code Section 4-07-5100 makes it an infraction to let livestock or equine animals stray off the owner's property, with exceptions for supervised movement along roads, lawfully fenced consenting property, and designated open range. Owners are liable for the county's capture costs.
Under Tulare County Ordinance Code Section 4-07-4005, the maximum number of adult dogs allowed on any lot without a kennel permit is four. Keeping five to twenty-five adult dogs requires a kennel permit. The code sets no specific numeric limit on cats.
Tulare County's animal control code regulates cats lightly. Chapter 4-7 defines "Cat" and addresses feral animals but imposes no county cat license, no per-household cat limit, and no leash or at-large rule for cats. Spay/neuter and general care provisions still apply.
Tulare allows one accessory dwelling unit (ADU) per single-family parcel in R-1, R-M, and R-H zones under TMC § 10.60.030, plus one junior ADU under § 10.60.040. The city mirrors state law: minimum 4 ft side/rear setbacks, no local development standard (lot coverage, FAR, open space, minimum lot size) may block an ADU up to 800 sq ft. Detached ADUs may be up to 16 ft tall; attached ADUs may match the primary dwelling height up to 25 ft. Conversions of existing space are exempt from setback rules under Gov. Code § 65852.2.
Tulare cannot require owner-occupancy for an ADU permitted between January 1, 2020 and January 1, 2025 — TMC § 10.60.030 states 'Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units.' This mirrors Cal. Gov. Code § 65852.2(a)(7). Junior ADUs (JADUs) under TMC § 10.60.040 do require owner-occupancy of either the primary dwelling or the JADU per Gov. Code § 65852.22(a)(2).
Tulare does not have a tiny-home-specific ordinance. Tiny homes on foundations are regulated under Appendix AQ of the 2022 California Residential Code (CRC), Title 24 Part 2.5 — which defines a tiny house as a dwelling 400 sq ft or less excluding lofts. Such a unit can be permitted only as an ADU under Gov. Code § 65852.2 (subject to local ministerial review) or as a primary dwelling meeting full CRC requirements. Movable/wheeled tiny homes (THOWs) are treated as recreational vehicles under Health & Safety Code § 18010 and may not be used as permanent dwellings outside a permitted RV park.
Carports in Tulare are regulated under TMC § 10.32.060 (Development Standards) and Chapter 10.204 (Accessory Structures). Single-family dwellings must have a minimum of two covered parking spaces, each at least 9 ft wide and 20 ft deep — a carport satisfies this 'covered' requirement. Carports must be set back at least 10 ft from any dwelling on the lot. Where a carport opens onto a public street, a 20-ft driveway apron is required between the structure and the street. All parking surfaces (including the carport pad and driveway) must be asphalt concrete, chip seal, or comparable all-weather surfacing.
ADU applications in Tulare are reviewed ministerially (no public hearing, no discretionary review) per Cal. Gov. Code § 65852.2(b), with a 60-day approval clock. Apply through the Community Development Department (Planning Division) plus a building permit through TMC Title 15 (California Building Code, 2022 edition). Standards in TMC § 10.60.030 cover setbacks, size, and number of units; the building permit covers structural, electrical, plumbing, and mechanical code compliance.
Converting an existing garage to an Accessory Dwelling Unit (ADU) in Tulare is governed primarily by California Government Code § 65852.2, which preempts most restrictive local rules. The city must ministerially approve a garage-conversion ADU on any lot with an existing or proposed single-family dwelling. The local agency cannot require replacement of off-street parking spaces lost to the conversion, and existing structures converted to ADUs are exempt from local setback requirements. Tulare Municipal Code Ch. 10.204 (Accessory Structures) implements these state mandates locally.
California law (Gov. Code § 65852.2(a)(6)) prohibits renting an ADU for less than 31 days, effectively banning short-term/vacation rentals (Airbnb, VRBO) of any ADU permitted after January 1, 2020. Tulare's TMC § 10.60.030 incorporates this limitation by reference to state law. Long-term rentals (31 days or longer) are permitted and the ADU cannot be sold separately from the primary dwelling (with limited SB 9 / qualified nonprofit exceptions).
Per Cal. Gov. Code § 65852.2(f)(3), Tulare cannot charge impact fees on any ADU under 750 sq ft. For ADUs 750 sq ft and larger, impact fees must be 'proportional in size' to the primary dwelling — typically computed as ADU sq ft divided by primary dwelling sq ft, then multiplied by the standard SFR impact fee. Standard building permit, plan check, school facility fees, and utility connection fees still apply.
Tulare Municipal Code Chapter 10.204 (Accessory Structures) governs sheds. One-story detached tool/storage sheds, playhouses and similar structures with a floor area not greater than 120 square feet are exempt from building permits, though zoning rules still apply. Residential accessory structures may be located within 3 feet of the rear property line and within 10 feet of any street-side yard property line; front setbacks must match the underlying zoning district. The minimum distance between any structure used for human habitation and a detached shed, garage, or carport is 10 feet (TMC § 10.32.060).
Tulare's green organics cart is mandatory and now takes BOTH yard trimmings and food waste together under SB 1383 (TMC Ch. 7.17). Grass, leaves, plant debris, and untreated wood go in the green cart — but branches over 4 inches in diameter or 4 feet in length are NOT allowed.
Tulare residents can request bulky-item pickup of furniture, mattresses, appliances, e-waste, and tires through the City's Solid Waste Division at (559) 684-4325. Hazardous waste, hot water heaters with chemicals, paint, and similar items are not accepted curbside and must go to Tulare County Solid Waste facilities.
Tulare Municipal Code § 7.16.030 makes garbage, recycling, organics, and street-sweeping service compulsory for every dwelling, apartment, and place of business. Service is provided through the City's Department of Public Utilities — you cannot opt out, self-haul as your primary disposal method, or refuse to pay.
Tulare Municipal Code § 7.16.080 requires garbage, recycling, and organics carts to be placed at the curb or gutter by 6:00 a.m. on the day of collection and removed the same day. Carts cannot be left in alleyways for service, and § 7.28.030 prohibits storing carts in front yards when not set out for collection.
Tulare Municipal Code Chapter 7.17 implements California's SB 1383 mandate. Every single-family home, multifamily building, and business in Tulare must subscribe to recycling AND organics collection and source-separate organics, recyclables, and landfill trash. As of 1/1/2022 it is illegal statewide to put organics or recyclables in the trash cart.
Dumping waste on public or private property anywhere in Tulare is prosecuted under Cal. Penal Code § 374.3, with mandatory fines starting at $250 and reaching $10,000 for commercial-quantity dumping. The City layers TMC § 7.28.030 nuisance abatement on top, allowing the City to remove the waste and charge it back to the property.
Unincorporated Tulare County mandates organic-waste recycling under County Code Chapter 4-3, Article 13, which implements California SB 1383. Single-family and commercial generators must subscribe to green-container organics service and put food scraps and yard waste in the green cart; food waste in the trash is prohibited.
Tulare regulates yard and garage sales themselves under Municipal Code § 6.12.300, and the Finance Department at City Hall (411 E. Kern Ave.) issues yard sale applications. Sale signs are treated as temporary signs under Chapter 10.188; they cannot be posted on utility poles, traffic signs, or in the public right-of-way, and must be removed when the sale ends.
Tulare's old political-sign rule at Municipal Code § 10.188.050(J) imposed time limits the City stopped enforcing after Reed v. Town of Gilbert (2015), and staff began rewriting Chapter 10.188 to be content-neutral. In practice political signs on private residential property are treated like other temporary signs, and on highway frontage Cal. Bus. & Prof. Code § 5405.3 controls.
Tulare's Municipal Code does not single out residential holiday lights or seasonal displays for regulation. They fall under the general temporary-sign / miscellaneous-sign provisions of Chapter 10.188 and the public-nuisance rules at § 7.28.030, plus the noise standards in Ch. 6.40 if amplified music is used.
Tulare Municipal Code Ch 8.52 (Preservation of Heritage Trees) makes it unlawful to destroy or remove any heritage tree on public OR private property within city limits without a permit. Parkway/street trees in the public right-of-way are separately governed by Ch 8.32 and also require a permit before removal. Permits are issued by the Parks and Recreation Department at 830 S. Blackstone St.
Tulare protects 'heritage trees' citywide under Municipal Code Ch 8.52, with Valley Oak (Quercus lobata) explicitly identified by the Parks Department as the marquee protected species — Tulare County itself was founded in 1852 at the historic 'Charter Oak.' State law adds background protection for native oak woodlands under the California Oak Woodlands Conservation Act (Cal. Pub. Resources Code §§ 21083.4, 21080.5) and CEQA review for oak removal in some contexts.
Tulare's Street Tree Ordinance (Ch 8.32) allows the City to require replacement of any parkway tree that is removed, using a species from the approved City Street Tree Master Plan, planted from a 15-gallon container and spaced per City standards (generally ~35 feet on center). New residential construction must plant street trees per § 8.32.170. The Landscaping chapter (Ch 10.196) also imposes tree-installation standards on new commercial and multifamily projects.
Tulare Municipal Code Ch 8.32 governs street trees in the parkway strip (between sidewalk and curb). Property owners are responsible for maintaining adjacent parkway trees, and ALL damage caused by a parkway tree (to the owner's property, sewer laterals, or water service lines) is the property owner's responsibility. New plantings must come from the City Street Tree Master Plan species list, be installed from 15-gallon containers, staked to city standards, and spaced generally 35 feet apart. Permits are required to plant, prune (beyond ISA standards), or remove parkway trees.
Tulare maintains a dedicated Heritage Tree Preservation Ordinance (Ch 8.52) that protects designated trees — most notably Valley Oaks (Quercus lobata) — on both public and private property citywide. Property owners must preserve and maintain heritage trees, use ISA pruning standards, and obtain a permit before any removal or destruction. Building permits adjacent to heritage trees trigger additional protection requirements.
Tulare participates in the National Flood Insurance Program (NFIP). Tulare Municipal Code § 10.48.060 (Provisions for Flood Hazard Reduction) imposes construction standards on properties in Special Flood Hazard Areas (SFHAs) shown on the current FEMA Flood Insurance Rate Maps (FIRMs). Most of the city is mapped Zone X (low/moderate risk), but pockets along drainage swales and near the historical lakebed carry AE/A designations.
Tulare has no local coastal development ordinance because the city is located in the inland Central Valley, more than 150 miles from the Pacific Ocean, and is entirely outside the statutory California Coastal Zone defined by Pub. Resources Code § 30103. The California Coastal Act and California Coastal Commission permitting jurisdiction do not apply to any property in Tulare.
Grading in Tulare is governed by California Building Code Appendix J, adopted citywide through Title 15 building regulations, plus stormwater conveyance/quality requirements under Chapter 7.64. Grading permits are issued through the Building Department; drainage must not obstruct natural watercourses or discharge concentrated flows onto adjacent property without an approved drainage facility.
Tulare regulates construction-site erosion through two overlapping frameworks: (1) Municipal Code § 7.64.150 BMP requirements for any activity that may discharge pollutants (including sediment) to the storm drain, and (2) California Building Code Appendix J (Grading), adopted by reference in Title 15, which sets cut/fill, setback, and erosion-control standards for grading permits.
Tulare Municipal Code Chapter 7.64 (Surface Water Management), specifically § 7.64.150 (Reduction of Pollutants in Surface Water), prohibits illicit discharges to the City's storm drain system and requires Best Management Practices (BMPs) for any activity that may release pollutants. The City is a regulated small MS4 under the State Water Board's Phase II General Permit (Order 2013-0001-DWQ), implementing the federal Clean Water Act NPDES program.
Tulare imposes no city-issued commercial UAS permit. Commercial drone operations (real estate photography, agricultural surveying, infrastructure inspection, weddings, etc.) require a Remote Pilot Certificate under 14 CFR Part 107, drone registration via FAA DroneZone, and compliance with operating limits (400 ft AGL, daylight or twilight with anti-collision lighting, visual line of sight, max 100 mph). Commercial pilots needing to fly over people, at night, or beyond visual line of sight must obtain a Part 107 waiver. Operations in Tulare County agricultural areas may also need to coordinate with crop-duster operations and the FAA Class G airspace surrounding Mefford Field.
Tulare Municipal Code contains no dedicated chapter regulating recreational unmanned aircraft systems (drones / UAS). Operations are governed primarily by federal rules: FAA 14 CFR Part 107 (commercial) and 49 U.S.C. 44809 (Exception for Limited Recreational Operations), which requires TRUST certificate completion, registration of drones >0.55 lb, line-of-sight flight, max 400 ft AGL outside controlled airspace, no flight over people/moving vehicles without waiver, and yielding to manned aircraft. California is a NON-preemption state, so a city could regulate take-off/landing on city property, but Tulare has not done so by ordinance. California Civil Code 1708.8 (anti-paparazzi) creates civil liability for using a drone to capture images of private activity over another person's land.
Tulare Municipal Code Chapter 8.36 (City Park and Trail Ordinance) governs conduct in city parks but does NOT contain an express prohibition on operating, launching, or landing drones. Park Services / Parks & Recreation can impose reasonable conditions on activities that disturb other park users or damage facilities, and Tulare M.C. § 7.28.030 (nuisance) can be invoked for drone use that creates a disturbance. Federal law (FAA) controls the airspace itself, so the city cannot regulate flight altitude or routes — only take-off and landing on city-owned property and ground-conduct in parks. California state parks and California Department of Fish & Wildlife lands have separate posted orders that may prohibit UAS.
Outdoor barbecuing with propane or charcoal is allowed in unincorporated Tulare County and is not separately licensed for ordinary home use. Rules come from the adopted 2022 California Fire Code: keep grills a safe distance from combustibles, and in multi-family/attached settings the Fire Code restricts where open-flame grills and propane cylinders may be used and stored.
Backyard smokers (wood, pellet, charcoal, or propane) are allowed in unincorporated Tulare County for home cooking with no special permit. They are treated as cooking devices under the adopted 2022 California Fire Code, not as open burning, so the trash-burning prohibition does not apply. Keep them clear of combustibles and watch for smoke-nuisance and wildfire-season restrictions.
Setbacks in unincorporated Tulare County are set by zone in the Zoning Ordinance (Ord. 352). In R-1 and R-A residential zones, the front and rear yards are each 25% of lot depth (need not exceed 25 feet) and the side yard is 10% of lot width (minimum 3 feet, need not exceed 5 feet).
In the R-1 and R-A residential zones of unincorporated Tulare County, buildings are limited to 2.5 stories and 35 feet to the uppermost part of the roof. The Zoning Ordinance allows narrow exceptions - an extra 10 feet for homes with two 15-foot side yards, and taller limits for certain public buildings.
The Tulare County Zoning Ordinance controls buildable area through minimum lot size and required yards rather than a single maximum lot-coverage percentage. In R-1 and R-A zones, the minimum lot area is 6,000 square feet per family, and accessory buildings may occupy no more than 25% of a required rear yard.
In unincorporated Tulare County, visual blight is a public nuisance under the Public Nuisance Ordinance (County Code Chapter 4-1). Accumulated junk, trash, debris, scrap, inoperable vehicles, and abandoned appliances on a property can be ordered abated, with costs liened against the parcel if the owner does not comply.
In unincorporated Tulare County, every occupied premises must have fly-tight, waterproof, covered garbage cans (or an approved fly-tight pit) that are emptied weekly. County Code section 4-03-1130 requires cans to be removed from the street within 24 hours after emptying, and they may not be left in a County or public right-of-way.
Unincorporated Tulare County does not have a stand-alone vacant-lot ordinance, but vacant parcels are covered by the Public Nuisance Ordinance (Ch. 4-1) and the Fire Hazardous Weeds and Rubbish Ordinance (Ch. 4-11). Owners must keep lots free of accumulated junk, illegally dumped waste, attractive nuisances, and fire-hazard weeds and rubbish.
Unincorporated Tulare County regulates weeds by fire hazard, not by a fixed inch-height. County Code Chapter 4-11 declares weeds, grass, rank growth and combustible rubbish that create a fire hazard a public nuisance. The County Fire Chief can order abatement, and uncorrected hazards become an infraction with abatement costs liened to the parcel.
Unincorporated Tulare County has no fetched stand-alone garage-sale ordinance setting a permit fee or a fixed number of sale days. Occasional residential yard sales are treated as an incidental residential use; sales must not create blight, dumping, or signs that become a public nuisance under County Code Chapter 4-1.
Unincorporated Tulare County does not have a standalone dark-sky ordinance, but its General Plan 2030 sets outdoor-lighting policy. Policy LU-7.19 requires lighting in residential areas and along County roads to be designed so artificial light does not reflect into adjacent natural or open-space areas unless required for public safety, and the County implements this through land-development standards.
Unincorporated Tulare County controls light trespass through General Plan policies and nuisance enforcement rather than a numeric light-trespass ordinance. Policy LU-7.18 requires park and recreation lighting to avoid nuisance light and glare spillage onto adjoining homes, and LU-7.19 limits light reflecting into adjacent areas. Glare and spillover are addressed as project conditions and potential nuisances.
California sets a statewide minimum wage floor under Labor Code 1182.12, currently $16.50 per hour for all employers as of 2025. Local governments are not preempted and may set higher minimums; many cities exceed the state rate substantially.
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 or five days annually effective January 2024, applying universally.
California regulates concealed carry weapons licenses statewide under Penal Code 26150 through 26225. Senate Bill 2 (2023) imposes uniform sensitive-place restrictions and applicant standards, preempting local variations on issuance criteria and qualifications.
California preempts most local firearm regulation under Government Code 53071 and Penal Code 25605, reserving licensing, registration, and manufacture authority to the state. However, local governments retain limited authority over discharge, sensitive places, and zoning of gun businesses.
California broadly prohibits open carry of firearms statewide under Penal Code 25850 (loaded firearms in public) and Penal Code 26350 (open carry of unloaded handguns). The prohibition applies uniformly across all California cities and counties without local variation.
California prohibits carrying loaded firearms in vehicles statewide under Penal Code 25400 and 25850. Unloaded handguns transported in private vehicles must be in a locked container or the vehicle's locked trunk; long guns must be unloaded but need not be locked.
California Retail Food Code (Health and Safety Code 113700-114437) sets uniform mobile food facility permit, equipment, and food safety standards enforced by counties statewide.
California's Safe Sidewalk Vending Act (SB 946) preempts most local bans on sidewalk vending, allowing only objective health, safety, and welfare regulations.
California HOAs may levy regular and special assessments, charge late fees and interest, record liens, and ultimately foreclose on delinquent owners under the Davis-Stirling Act. State law (Civil Code sections 5650-5740) caps fees and interest and imposes strict notice steps and a delinquency threshold before any foreclosure may proceed.
California tightly regulates HOA governance. The Common Interest Development Open Meeting Act (Civil Code 4900-4955) governs board meetings and member access, sections 5100-5145 mandate secret-ballot elections with independent inspectors, and sections 5200-5240 give members broad rights to inspect association records.
California HOAs enforce recorded CC&Rs and architectural rules, but Civil Code section 4765 requires architectural decisions to be fair, reasonable, and in good faith, and sections 5900-5965 require internal dispute resolution plus an attempt at alternative dispute resolution before most enforcement lawsuits can be filed.
California HOAs may fine members for rule violations, but only under a published schedule of fines and after strict due-process steps. Civil Code section 5855 requires written notice and a hearing before any monetary penalty, and section 5725 bars fines from becoming a foreclosable lien on the home.
California overrides HOA governing documents on several owner protections. The Davis-Stirling Act and related Civil Code sections bar HOAs from prohibiting solar systems, U.S. flag displays, drought-tolerant landscaping, EV charging stations, and most noncommercial signs, even where local city rules are silent.
California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Government Code 7285.1 and 7285.3. The restriction applies uniformly to every California city and county.
The California Values Act (SB 54, 2017) codified at Government Code 7284-7284.12 limits state and local law enforcement cooperation with federal immigration authorities. It applies uniformly to every California agency and bars participation in most civil immigration enforcement.
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 holidays), and lease violations require a 3-day notice to cure or quit. No-fault terminations of covered tenancies require 30, 60, or 90 days. Self-help lockouts are illegal.
California landlords must keep rentals fit to live in. Civil Code §§ 1941 and 1941.1, reinforced by Green v. Superior Court, imply a warranty of habitability covering plumbing, heat, water, electricity, and sanitation. If repairs fail after notice, a tenant may repair and deduct up to one month's rent under § 1942 or withhold rent.
Civil Code 1946.2 requires landlords statewide to have just cause to terminate tenancies of qualifying tenants who have lived in a covered unit at least 12 months.
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 notice (24 hours is presumed reasonable) and may enter only during normal business hours, for specific permitted reasons such as repairs, inspections, or showings.
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 valid only if it reasonably estimates the landlord's actual loss from late payment; arbitrary penalty fees are unenforceable.
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, under Civ. Code § 1946.1. AB 1482 requires just cause after 12 months; military and DV tenants may exit early.
California limits annual rent increases statewide to 5% plus the local change in the cost of living, capped at 10%, under the Tenant Protection Act of 2019 (AB-1482). It also lets cities and counties enact their own stricter rent-control ordinances, subject to the limits of the Costa-Hawkins Rental Housing Act.
California requires written notice before raising a month-to-month tenant's rent. Under Civ. Code § 827, increases of 10% or less in 12 months need 30 days' notice; increases above 10% need 90 days' notice. AB 1482 separately caps yearly increases on covered units.
As of July 1, 2024, California landlords may collect no more than one month's rent as a security deposit, regardless of whether the unit is furnished. The deposit, minus any lawful deductions, must be returned with an itemized statement within 21 days after move-out, or the landlord risks penalties of up to twice the deposit.
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 squatter or trespasser who has not paid taxes gains no ownership and can be removed by unlawful detainer, ejectment, or a police trespass action.
The California Land Conservation Act of 1965 (Williamson Act), Government Code 51200-51297.4, allows landowners to enter contracts with counties restricting land to agricultural use for ten-year minimum terms in exchange for reduced property tax assessment based on farming income.
The California Right to Farm Act under Civil Code 3482.5 protects established agricultural operations from nuisance lawsuits brought by neighbors who moved in after farming began. The law applies statewide and limits both private and local government nuisance actions.
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 as Proposition 67 in 2016. Recycled paper or reusable bags require a 10-cent minimum charge.
California restricts expanded polystyrene food containers statewide through SB 54 (2022) packaging requirements under Public Resources Code 42040-42081. The law mandates that polystyrene foodware achieve 25 percent recycling by 2025 or face statewide sales prohibition.
California Public Resources Code 42270-42273, enacted by AB 1884 (2018), prohibits full-service restaurants from providing single-use plastic straws unless requested by the customer. The on-request rule applies uniformly to dine-in restaurants statewide.
Civil Code section 714 voids HOA covenants and rules that prohibit or unreasonably restrict residential solar energy systems, preempting private and local restrictions.
California's Solar Rights Act and the SolarAPP+ mandate (SB 379) require expedited permit review of small residential solar systems, preempting restrictive local processes.
California prohibits sale of tobacco and vapor products to anyone under 21 statewide under Business and Professions Code 22958, enacted by SBX2-7 in 2016. The Tobacco 21 standard applies uniformly across all California jurisdictions.
California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.
California requires statewide licensing of tobacco and vape retailers under the STAKE Act and the Cigarette and Tobacco Products Licensing Act. Business and Professions Code 22970 establishes uniform retailer licensing, while local governments may adopt stricter rules.