Berkeley, CA

Berkeley bans gasoline-powered leaf blowers citywide for both residents and commercial landscapers, aligned with California AB 1346 phase-out of small off-road gas engines.

BMC 13.40.070(B)(5) makes it a violation to keep an animal whose frequent or long noise annoys two or more neighbors in separate residences, with 10 continuous or 30 intermittent…

Construction and demolition work in Berkeley is barred before 7 a.m. and after 7 p.m. on weekdays, and before 9 a.m. or after 8 p.m. on weekends and holidays, if the noise crosses a…

Outdoor amplified music or speech in Berkeley needs an Environmental Health Division permit, capped at 65 dBA at the exterior of any residence and generally limited to 10 a.m. to 8…

Berkeley caps noise crossing into a neighboring multi-family unit at 40 dBA overnight and 45 dBA during the day under BMC 13.40.060, measured with graduated exceedance rules that scale…

Unincorporated Alameda County bars operating off-road recreational vehicles, and repairing, rebuilding, modifying or testing vehicles, in a way that creates a noise disturbance or…

Unincorporated Alameda County sets stricter nighttime decibel limits, 10 p.m. to 7 a.m., than its daytime standard for homes, schools, and commercial property: covering Castro Valley…

California sets statewide airport noise limits under Title 21 CCR, with the state preempting most local aviation noise control because federal FAA authority dominates aircraft…

Berkeley permits unlimited extended home-share nights when the host stays onsite and rents only a portion of the dwelling, recognizing roommate-style arrangements as distinct from…

Beyond the citywide 12% occupancy tax, Berkeley's short-term rental ordinance layers on a host enforcement fee of 2% of rents charged and requires $1 million in liability insurance, a…

A Berkeley short-term rental host loses the right to operate for a full year after a third violation affidavit is issued under the city's Second Response Ordinance. The rule ties…

Berkeley lets a hosting platform like Airbnb stand in for the host on money obligations: it can pay the host's enforcement fee and it must, along with the host, cover the transient…

When the host is not on site, Berkeley caps a short-term rental at 90 days per calendar year. Section 23.314.050(B)(2) sets that limit, and going over it is a Chapter 23.314 violation…

Berkeley defines 'host present' as the host actually living in the host residence during the rental period, and that status controls how many nights the unit can be rented. Section…

Berkeley will not let anyone rent a home for fewer than 14 days without a Zoning Certificate and a city Business License first. Table 23.202-1 lists short-term rentals as a ZC* use in…

Every short-term rental in Berkeley has to carry at least $1 million in liability insurance. Section 23.314.050(F) lets either the host or the hosting platform hold that coverage, so a…

Berkeley bans short-term rentals everywhere except the host's own principal residence. Section 23.314.040(A) states it flatly, and Section 23.314.020(A)(5) defines that residence by…

A Berkeley short-term rental host has to comply with the city's Second Response Ordinance, and a third violation affidavit for loud or unruly parties bans that host from operating any…

Berkeley does not put a flat headcount on a short-term rental; Section 23.314.050(C) sends the occupant limit to the Housing Code, whose floor-area math in Section 19.40.030 requires…

STRs in unincorporated Alameda County must provide on-site parking consistent with the residential zoning standard and should limit guest vehicles to the number of on-site spaces to…

Berkeley follows East Bay MUD drought rules: no irrigation 9am-6pm, no runoff, hose must have shutoff nozzle. Drought surcharges and restrictions apply during declared drought stages.

Berkeley treats overgrown weeds as a nuisance and fire hazard. Weeds over 6 inches (or 4 inches in the fire zone) must be abated; invasive broom and acacia are targeted for removal.

Berkeley exempts a private resident's own garden composting from its waste-accumulation ban, so long as it stays properly conducted on the resident's own premises and does not breed…

Berkeley requires a permit from the Director of Recreation and Parks before anyone cuts, trims or removes a tree, shrub or plant growing on a street, parking strip, park or playground…

Rain barrels under 5,000 gallons are allowed without permit in Berkeley. Larger cisterns and any potable connection require plumbing permits and state code compliance.

Berkeley restricts artificial turf in front yards and limits coverage to preserve permeability. AB 1572 prohibits potable irrigation of non-functional turf, creating pressure to…

Private trees may be pruned by owners, but protected species and street trees require city approval. Fire zone pruning is mandatory under PRC 4291 defensible space rules.

Native and drought-tolerant plants are encouraged throughout Alameda County. State MWELO requires climate-appropriate plants for new landscapes, and EBMUD/ACWD offer rebates for…

Berkeley bans feeding wild animals anywhere on public property, including parks, streets, sidewalks and median strips, unless the City Manager issues written authorization. Violators…

Berkeley requires dogs to be on a substantial leash no longer than six feet in public unless they are inside a City-designated dog park or off-leash area, and an obedience-trained dog…

Berkeley caps most households at four dogs over six months old on one premises, unless the extra dogs are kept in Public Health Department-approved kennels set back at least 25 feet…

Berkeley bars its Animal Shelter, humane societies and rescue groups from transferring any dog or cat over six months old to a new owner unless it has been spayed or neutered, with a…

Berkeley declares feral cats a public nuisance, but anyone feeding or sheltering a colony avoids citation by registering with an animal agency, reporting sterilization records…

Any dog or cat leaving Berkeley's Animal Shelter through adoption, redemption by its owner, or a rescue transfer must be microchipped first under Municipal Code Section 10.04.207, at…

Berkeley makes it unlawful to keep any vicious or dangerous animal in the city under Municipal Code Section 10.12.230, and a violation exposes the animal to impoundment and humane…

Berkeley allows backyard chickens and rabbits, but the coop must sit at least 25 feet from any neighboring dwelling under Municipal Code Section 10.12.040. Sheep and male goats are…

Berkeley cannot single out a dog breed as dangerous: California Food and Agricultural Code Section 31683 bars any local program from being breed specific. Instead, Berkeley Municipal…

Berkeley requires new and significantly altered buildings to treat transparent or reflective glass between the ground and 75 feet with anti-collision measures to reduce bird deaths…

Berkeley requires a discretionary Use Permit approved at a public hearing before opening a veterinary clinic anywhere in the city. Table 23.204-1 of the zoning code lists Veterinary…

Berkeley pet stores may sell dogs, cats, and rabbits only if sourced from public shelters or registered nonprofit rescues, mirroring California AB 485 and reinforcing the city humane…

Beekeeping is permitted in most Alameda County zones with setback and hive-count limits. Keepers must register with the County Agricultural Commissioner under CA Food and Agricultural…

California's Swimming Pool Safety Act requires most new or remodeled residential pools to include at least one of seven drowning-prevention features, and if the owner picks a fence…

Berkeley requires a building permit for any pool or spa over 18 inches deep, with plan review for structural, electrical, and plumbing work under the California Building Code.

Berkeley bars parking any heavy-duty commercial vehicle on a public street between 2 a.m. and 5 a.m. for more than one hour. The rule targets trucks over two axles, 20 feet or longer…

BMC Chapter 12.98 makes it unlawful to park or store an abandoned, inoperative or dismantled vehicle on public or private property in Berkeley. A vehicle counts as abandoned once it…

Berkeley's yellow curb loading zones allow standing only for loading or unloading, capped at three minutes for passengers and twenty minutes for materials, in effect 7 a.m. to 6 p.m…

Berkeley reserves signed and marked on-street parking stalls exclusively for electric vehicles actively plugged in and charging. BMC § 14.46.050 bars gas-powered cars from those…

Berkeley residents can petition to create a preferential parking district under BMC § 14.72.050, requiring signatures from at least 51% of housing units on the affected block fronts…

Berkeley bars parking or standing on any street in hazard zones, red-curb areas, divisional islands or Council-designated no-parking zones under Section 14.36.030, and separately caps…

Painting a street or curb surface anywhere in Berkeley without city authorization is illegal under Municipal Code Section 14.12.080. The only exception covers house-number stenciling…

Berkeley has no blanket overnight parking ban, but oversized vehicles are prohibited 2am-5am and all vehicles must move every 72 hours under local and state law.

Unincorporated Alameda County regulates RV parking through zoning ordinance. 72-hour street limit applies. Specific requirements vary by PD and zoning district.

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…

Berkeley bans barbed wire, razor wire, sharp glass, and jagged metal fencing in every Residential District. Existing prohibited fences had to come down by 2004 or 2005 depending on…

Berkeley lets fences up to 6 feet rise without a permit in most zoning districts, but anything taller on a lot line or inside a required setback needs an Administrative Use Permit from…

Berkeley zoning sets 6 feet as the ceiling for a no-permit fence citywide, dropping to 4 feet in the ES-R hillside district, with taller fences allowed only through an Administrative…

A retaining wall in Berkeley needs a building permit once it rises above 4 feet, measured from the bottom of the footing to the top of the wall, or once it holds back a surcharge load…

California Civil Code 841 (Good Neighbor Fence Act) governs shared fence costs in Berkeley, presuming equal cost sharing with 30 days written notice before construction.

Berkeley allows accessory dwelling units on any lot zoned for residential use, capping new-construction ADUs at 1,200 square feet outside the Hillside Overlay and 25 feet in height…

Berkeley requires every ADU and Junior ADU to carry a recorded deed restriction barring rentals shorter than 30 days, filed with the Alameda County Recorder before the unit can be…

Berkeley requires the owner to live in either the Junior ADU or the single-family home it sits in whenever a property has a Junior ADU, recorded as a deed restriction, unless the JADU…

A new backyard shed in Berkeley needs an Administrative Use Permit in most residential districts, with height capped by lot-line distance and setbacks running as high as 50 percent of…

Unincorporated Alameda County waives park dedication impact fees for accessory dwelling units under 750 sq ft, and never charges them for junior accessory dwelling units, under Chapter…

Unincorporated Alameda County bans converting a garage into living space in residential zones unless seven conditions are met, including one-to-one replacement parking.

Unincorporated Alameda County has formally adopted the state residential code's tiny house appendix, so a compliant tiny house is a recognized dwelling type here.

Berkeley caps home-based businesses by daily customer count: Class I allows up to 5 visits a day, Class II up to 10, and Class III any number above 10, with visits restricted to the…

Berkeley zones home occupations by traffic class: Class I needs only a Zoning Certificate, Class II needs an Administrative Use Permit, and Class III needs a full Use Permit and is…

Berkeley bars any on-site sign identifying or advertising a home occupation, a flat citywide prohibition that applies to every class of home business no matter how many customer visits…

Berkeley permits small and large family daycare homes as a residential use under California Health and Safety Code 1597.40, which preempts most local restrictions on state-licensed…

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…

Berkeley bans the possession, manufacture, storage, sale, handling, and use of all fireworks, including State Fire Marshal-approved 'Safe and Sane' fireworks, anywhere in the city…

In Berkeley's Wildland-Urban Interface areas, covering the High and Very High Fire Hazard Severity Zones plus the Panoramic and Grizzly Peak Mitigation Areas, a fire pit, portable…

Berkeley bars storing any LP-gas cylinder over 2.5 pounds water capacity, or any portable propane tank, inside a building classified Assembly (A), Residential R-1, R-2, or R-4, unless…

Berkeley bars any outdoor fire in its mapped Wildland-Urban Interface areas, the hillside fire hazard zones above the flatlands, unless the person burning holds a written permit from…

Berkeley designates four Wildland-Urban Interface areas, the High and Very High Fire Hazard Severity Zones plus the Panoramic and Grizzly Peak Mitigation Areas, all mapped by specific…

Berkeley requires working smoke alarms in every bedroom, hallway, and story, plus CO alarms near sleeping areas. Required at sale, rental turnover, and with any permit.

Properties in the Berkeley Hills VHFHSZ must maintain 100 feet of defensible space per PRC 4291. Berkeley Fire runs annual inspections and non-compliance triggers abatement at owner…

Licensed retailers may deliver cannabis to any private Berkeley address under California Bureau of Cannabis Control rules. Drivers must carry license copies, manifest, and limit…

Adults 21 and older in Berkeley may cultivate up to six cannabis plants indoors at a private residence under Proposition 64 and BMC Chapter 12.27, with additional rules for security…

Adults 21 and over may grow up to six cannabis plants per residence in Berkeley under Proposition 64. Plants must be in a locked, secured area not visible from public spaces.

Berkeley has not opted out of cannabis retail: storefront retailers are allowed with a Zoning Certificate in Commercial Districts, capped at seven citywide, while delivery-only…

Berkeley dispensaries must sit at least 600 feet from K-12 schools, day care centers, and youth centers under California Business and Professions Code section 26054 and Berkeley zoning…

California Senate Bill 602 requires every food handler in a Berkeley restaurant to obtain an ANSI-accredited Food Handler Card within 30 days of hire and renew every three years…

California Civil Code section 1954.603 requires Berkeley landlords to provide written bed bug information at lease signing, prohibits renting infested units, and requires prompt…

Every building and structure in Berkeley must be rodentproofed and kept in a rodent-free condition under Municipal Code Section 11.32.030. The City's chief of environmental health can…

Chain restaurants in Berkeley with 20 or more US locations must post calorie counts next to menu items, following the federal FDA menu labeling rule embedded in the California Retail…

California Medical Waste Management Act bans home sharps from regular trash. Berkeley residents must use approved sharps containers and drop them at participating pharmacies, transfer…

Alameda County's Department of Environmental Health scores unincorporated-area food facilities and posts a green, yellow, or red placard after each inspection.

California Civil Code 714 (Solar Rights Act) voids HOA rules that significantly increase solar installation cost by over 1,000 dollars or decrease efficiency by over 10 percent.

Berkeley must review a walk-in small residential rooftop solar permit and issue it over the counter or within 1 business day; electronic submittals get a decision within 1 to 3…

Berkeley's Building and Safety Division reviews small residential rooftop solar permits under Berkeley Municipal Code Chapter 19.14, using a standing checklist tied to the state's…

Berkeley HOAs enforce CC&Rs under Civil Code 5850-5875, which requires due process including notice, a hearing, and written findings before imposing fines or discipline.

Berkeley HOAs operate under the Davis-Stirling Common Interest Development Act (Civil Code 4000+), which governs board meetings, elections, quorum, and open-meeting requirements.

Berkeley HOAs must offer internal dispute resolution (IDR) under Civil Code 5900 and alternative dispute resolution (ADR) before filing most lawsuits against members.

Berkeley HOA architectural review committees must follow Davis-Stirling rules for fair, timely decisions and cannot prohibit solar, EV charging, low-water landscaping, or accessory…

Berkeley HOAs may levy regular and special assessments under Civil Code 5600-5625, with strict limits: 20% annual increases and 5% special assessments without a member vote.

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…

Berkeley has one of the nation strongest Rent Stabilization Ordinances (adopted 1980) with annual AGA increases, just-cause eviction, and registration; enforced by the elected Rent…

Berkeley caps residential security deposits at two months rent for unfurnished units and requires landlords to pay annual interest to tenants, layered atop California Civil Code…

California AB 1482 requires Berkeley landlords to provide written notice of statewide rent cap and just-cause coverage, even though Berkeley's stronger local rules supersede the floor…

State law, not a Berkeley ordinance, sets the pass-through limit for rentals outside Berkeley's own rent control: Civil Code § 1947.12 caps any 12-month rent increase at 5% plus the…

Berkeley requires landlords of covered units to register annually with the Rent Stabilization Board, pay a per-unit fee, and comply with the Rental Housing Safety Program inspection…

Berkeley's Tenant Protection Ordinance prohibits sixteen categories of landlord harassment, providing tenants with private right of action, treble damages, and Rent Board enforcement…

Under Berkeley's Rent Stabilization Ordinance, any rent increase tied to the annual general adjustment or an individual rent-ceiling petition takes effect only after the landlord gives…

Berkeley Municipal Code Chapter 13.31 makes it unlawful for landlords to refuse rentals, deny units, or use income screening standards that discriminate against tenants paying with…

Berkeley's Housing Code sets the baseline every rental must meet: heat capable of reaching 68°F in habitable rooms, hot water of at least 110°F, working plumbing, and freedom from…

Berkeley landlords issuing no-fault evictions must pay relocation assistance scaled by tenancy length, with elderly, disabled, and child-occupied households receiving enhanced payments…

Berkeley's Just Cause Eviction Ordinance, among the nation's earliest, restricts no-fault evictions to owner move-in, Ellis Act withdrawal, substantial rehabilitation, or government…

Berkeley has one of the oldest just-cause eviction ordinances in the US. Landlords must cite a specific legal reason from BMC Chapter 13.76 to terminate a tenancy, and relocation…

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…

Berkeley food trucks need a Mobile Food Facility permit from Alameda County Environmental Health, a city business license, and must follow CA Retail Food Code and SB 946 sidewalk…

Berkeley regulates sidewalk vending through two parallel chapters of the BMC: Chapter 9.48 covers arts-and-crafts and flower vending, and Chapter 9.49 covers food vending on sidewalks…

Berkeley allows sidewalk vending citywide under SB 946 with time, place, and manner rules, and permits food trucks in commercial zones with Use Permit at regular locations.

Berkeley requires separation of recyclables and organics from trash for all residents and businesses under BMC 11.28 and California SB 1383, with fines for contaminated or commingled…

Berkeley Zero Waste Division provides weekly curbside collection of refuse, recycling, and compost. Carts must be at the curb by 6 a.m. on the scheduled day and removed by the end of…

Berkeley bars placing any waste container besides the City's own inside a street or alley right-of-way. Property owners need specific Public Works authorization to keep a dumpster or…

Any Berkeley property that lets more than one cubic yard of waste build up between collections must manage it as the environmental health manager directs, and over two cubic yards it…

Berkeley declares garbage collection an essential service performed exclusively by the City. Every owner whose property generates garbage must use and pay for City collection, with…

Berkeley requires residents to wheel City garbage, recycling and organics carts to the gutter on collection day and pull them back within 24 hours, unless a disability, age, or site…

Berkeley runs a municipal curbside recycling program under Chapter 12.36 and makes it unlawful for anyone but the City or its authorized agents to take metals, glass or paper left out…

Berkeley collects yard waste (grass, leaves, prunings) through the same City curbside cart system used for garbage and recycling, run by Public Works. Residents place the Organics cart…

Dumping trash, litter or debris on Berkeley streets, parks or into creeks and other waterways is unlawful under BMC § 12.40.080, and dumping at an unapproved disposal site is…

State law (SB 1383) drives Alameda County's organics mandate: unincorporated single-family and commercial generators, including multi-family buildings, must comply with the county's…

Berkeley adopted its own Minimum Wage Ordinance in 2014 with annual indexing, and the local rate reached $18.07 per hour in 2025, applying to nearly every employee performing at least…

Berkeley supplements California paid sick leave with a stronger local accrual cap, broader family definitions, and tighter coverage for small employers, all enforced through the city…

California SB 793, ratified by voters as Proposition 31 in 2022, bans most flavored tobacco product sales statewide. Berkeley enforces the ban locally and prohibits hookah lounges from…

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…

Berkeley closes its city parks overnight unless a posted sign says otherwise. Default closure runs 10 p.m. to 6 a.m., extended to 11 p.m. to 6 a.m. in parks with user-operated…

Berkeley has banned removal of Coast Live Oak trees since 1996 under BMC Chapter 6.52: any single-stem oak 18 inches or more in circumference, or multi-stem oak totaling 26 inches or…

Planting a tree, shrub or plant in a Berkeley street parking strip, or paving over it, both require written permission from the Director of Recreation and Parks first. The Director…

California provides statewide protections for native oak woodlands and heritage trees through CEQA review, Public Resources Code, and Forest Practice Rules that apply uniformly.

Berkeley building permits expire if a completed, approved city inspection under California Building Code Section 110.3 is not performed within 12 months of issuance. The Building and…

Berkeley's Housing Code requires carbon monoxide alarms in every dwelling and sleeping unit that has a fuel-fired appliance, fireplace, or an attached garage that opens into the unit…

Berkeley landlords running a building with 10 or more rental units, two or more stories, and an elevator must repair a malfunction within 24 hours of notice. If a repair beyond the…

Berkeley's minimum security ordinance requires every exterior door of a rental dwelling unit, hotel, or apartment house to carry a 1-inch single-cylinder deadbolt with a hardened…

Berkeley enforces the 2025 California Plumbing Code as the Berkeley Plumbing Code under Municipal Code Section 19.34.010, using the same Building and Safety Division permit process as…

Berkeley requires existing hotels, dormitories, Greek houses, and congregate residences built before 1992 to retrofit automatic fire sprinklers if the building is three or more…

Berkeley requires a building permit from the Building and Safety Division for most construction, alteration, and repair work, issued under Berkeley Municipal Code Section 19.28.020's…

Berkeley enforces the 2025 California Green Building Standards Code (CALGreen) as the Berkeley Green Code under Municipal Code Section 19.37.010, with local amendments at Section…

Berkeley enforces the 2025 California Electrical Code as the Berkeley Electrical Code under Municipal Code Section 19.30.010, and Section 19.30.030 folds in the same permit…

Berkeley enforces California H&S 17920.10 treating lead hazards in pre-1978 housing as substandard conditions, plus EPA RRP and Cal-OSHA rules for renovation work.

Castro Valley limits one-family homes to a sliding floor-area-ratio cap, as low as 0.10 FAR on the largest lots, before extra square footage triggers site development review.

Gatherings of 50 or more people in most Berkeley parks, or 100 or more in Cesar Chavez Park, Civic Center Park or sports-use parks, need a City Manager permit under BMC Chapter 6.46…

A Berkeley block party can close one local street or intersection with a City Manager permit if at least two-thirds of the abutting area is residentially zoned. Organizers must…

A Berkeley street fair or festival is a 'street event' requiring a City Manager permit filed at least 10 business days ahead, or 30 days for high-impact routes or Certified Farmers'…

Berkeley lets businesses convert curbside parking into public parklets only in Commercial, Mixed-Use, and Mixed Manufacturing zoning districts, under a Public Works permit issued…

Berkeley requires a City Manager permit before any parade, march, demonstration, festival or other event that closes a public street, sidewalk or alley. Chapter 13.44 sets filing…

Berkeley has stopped issuing discretionary Administrative Use Permits for sidewalk cafe seating on the public right-of-way, requiring restaurants instead to obtain a streamlined permit…

Berkeley cannot deploy automatic license plate readers without the City Council approving a public Surveillance Use Policy first. BMC Chapter 2.99 names ALPR as covered Surveillance…

Berkeley does not license private home security cameras, but it puts city-owned cameras and other surveillance technology through a public approval gate. Under BMC Chapter 2.99, the…

Berkeley bars its own City Manager and anyone acting on the City's behalf, including police, from obtaining, retaining, or using Face Recognition Technology or any information it…

California is a two-party (all-party) consent state. Recording any confidential communication without all parties' consent is a crime under Penal Code 632. This applies to phone calls…

Berkeley's Landmarks Preservation Commission, not a "cultural monument" label, is the local mechanism for protecting historic properties. Under BMC 3.24.100 every landmark, historic…

Berkeley's Empty Homes Tax charges owners $3,000 to $6,000 the first year and $6,000 to $12,000 every year after for keeping a residential unit vacant more than 182 days, with the…

Berkeley taxes commercial parking at 10% of the rent charged for any occupied space in a parking station. The operator collects the tax from drivers, must hold a City business license…

Berkeley sorts every business into one of roughly twenty license-tax categories under BMC Chapter 9.04, and the category you land in sets your rate per $1,000 of gross receipts…

Berkeley Municipal Code Chapter 6.15 prohibits barbecues and open fires on public property including parks, sidewalks, streets, median strips and rights-of-way, unless the fire is a…

Berkeley bars storing an LP-gas cylinder bigger than 2.5 pounds water capacity, which covers a standard 20-pound barbecue tank, or a portable propane tank inside any building classed…

Filming that closes or partially closes a Berkeley street needs at least three business days' notice, or seven days if a major or collector street closes or public transit must be…

Commercial for-profit filming in any Berkeley park or on any public street, sidewalk or alley that requires street closure or traffic control needs a permit from the City Manager…

Berkeley bars commercial filming between 10 p.m. and 8 a.m. in residentially zoned areas unless the City Manager finds it will not create noise above ambient levels or undue light or…

Berkeley bars loud loading and unloading between 10 p.m. and 7 a.m. if the racket crosses a residential property line above code limits. The Environmental Health Division enforces it…

BMC 13.40.115 lets a bar, club, or other entertainment establishment run up to 5 decibels louder than the zone's standard or the ambient level, whichever is higher, plus later hours…

A motor vehicle burglar alarm sounding in Berkeley must shut off within 15 minutes of any single security violation or false alarm. There is no warning step for this one: measurement…

Air conditioners, compressors, and pumps in Berkeley must be enclosed or muffled enough to avoid a noise disturbance under the code's exterior and interior sound limits. The…

Unincorporated Alameda County bans stereo, TV and instrument sound plainly audible at 50 feet at any hour, and defines audible bass alone as enough to prove a violation.

Berkeley Municipal Code Chapter 6.20 governs berth permits at the City-owned Berkeley Marina on San Francisco Bay. Section 6.20.030 requires every boat owner to apply on a…

Berkeley bans discharging anything but stormwater into its storm drain system under Chapter 17.20, with construction sites, parking lots and hazardous-material handlers all carrying…

Berkeley's Flood Zone Development Ordinance bars new construction, land alteration, or extension of any structure inside a FEMA special flood hazard area without full compliance with…

New and substantially improved buildings in Berkeley's mapped flood hazard zones must have their lowest floor built at or above the FEMA base flood elevation, the water level of the…

Berkeley's only vehicle-idling limit sits inside its diagonal-parking rule: Municipal Code Section 14.40.060(B) caps engine idling at sixty seconds on any street where back-in diagonal…

Grading operations in unincorporated Alameda County must follow erosion and sediment control standards under § 15.36.600, including limits on rainy-season work and required long-term…

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

Berkeley charges a 12% transient occupancy tax on every hotel stay of 13 nights or less. The Finance Department's tax administrator collects it through the operator, who must register…

Hotels and city contractors operating in Berkeley must pay the Living Wage set under BMC Chapter 13.27, which exceeds the state minimum and adjusts annually for inflation, plus health…

Berkeley bans lingering in any City-owned, -operated, or -leased parking lot for any purpose other than parking a vehicle and walking to or from it. The rule targets unauthorized…

Berkeley bans drinking alcohol in parks, on streets, or anywhere open to public view under BMC 13.36.070, and separately bans carrying an already-opened container near an off-sale…

BMC 13.36.085 bans urinating or defecating in any public place, anywhere open to public view, or on private property entered without the owner's consent. A warning must precede any…

Berkeley Municipal Code Section 12.22.040(F) bans consuming cannabis or cannabis products in any public place citywide, written as its own cannabis-business standard rather than folded…

Berkeley bans smoking in every city recreational area, including parks, playgrounds and hiking trails, plus outdoor restaurant seating and any pedestrian patio enclosed on three sides…

In Berkeley's business districts, pedestrians must cross at a marked crosswalk; Municipal Code Section 14.32.020 makes any mid-block crossing there unlawful. Citywide, Section…

Berkeley regulates where and how skateboards may be ridden under Municipal Code Section 14.32.060: no age limit applies, but riders must wear reflective or light-colored clothing after…

Berkeley Municipal Code Chapter 13.48 makes a gathering of ten or more people a public nuisance once it substantially disturbs a neighborhood through excessive noise, traffic…

Berkeley bars pharmacies from holding or renewing a tobacco retailer license and blocks new tobacco or e-cigarette retail licenses within 600 feet of any school, with sales of…

Tattoo and piercing work in Berkeley requires both a City registration for the practitioner and a health permit for the facility, issued by the Division of Environmental Health under…

Operating a massage establishment in Berkeley without a permit is unlawful under BMC § 9.32.060. Establishments that employ only CAMTC-certified therapists can skip the permit under…

Berkeley secondhand dealers, from pawnbrokers to used bike shops, must log every purchase, pledge, or exchange in a police-supplied record book under BMC § 9.36.010. The book must be…

Berkeley lets a private property owner, their agent, or a designated police officer remove a vehicle parked without consent once the property carries police-approved signage. BMC §…

Berkeley lets a resident run a repair business from home only as a home occupation, but every repair activity must happen indoors, capped at 400 square feet, with no outdoor work…

Berkeley keeps adult-oriented businesses at least 300 feet from any residential district boundary, 1,000 feet from any other adult business, and 600 feet from parks, schools…

Berkeley bars lying on commercial sidewalks and caps stationary dogs at two per ten-foot stretch, seven days a week during business hours, under BMC 13.36.015. A warning must precede…

Berkeley's Anti-Blight ordinance treats an overgrown, debris-covered vacant lot as a public nuisance if two or more listed conditions exist and are visible from the street. The…

Berkeley's Anti-Blight Chapter (BMC 12.92) makes it an unlawful nuisance for an owner, tenant or occupant to let residential or commercial property show two or more of six listed…

Berkeley does not receive measurable snowfall, but property owners must keep sidewalks clear of debris, overgrown vegetation, and tripping hazards under BMC 16.04 and state Streets and…

Building anything into a Berkeley sidewalk or street right-of-way, from a fence to a basement vault, requires an encroachment permit under Municipal Code Chapter 16.18. Major…

Berkeley property owners, not the City, must keep the sidewalk fronting their lot in safe repair. Municipal Code Section 16.04.010 makes it unlawful to let an abutting sidewalk fall…

Berkeley bans placing any object on a sidewalk, parklet, or roadway that obstructs, restricts, or prevents pedestrian or vehicle use, except for the specific exceptions Chapter 14.48…

Berkeley requires all exterior lighting in Residential Districts to be shielded and aimed downward and away from lot lines so glare does not spill onto neighboring property…

Berkeley requires all exterior lighting on residential lots to be shielded and pointed downward and away from lot lines, and it bars motion-sensor lights from being triggered by…

Berkeley limits building footprint under BMC Table 23.202-2: no more than 60 percent of an R-1 lot may be covered by structures, dropping to 40 percent in the R-1H hillside overlay…

Berkeley's R-1 district requires a minimum 5-foot front and 5-foot rear setback that together must total at least 20 feet, plus 4-foot interior side and 4-foot street side setbacks…

Berkeley caps new houses and additions in the R-1 district at 35 feet and three stories under BMC Table 23.202-2, dropping to 22 feet within 15 feet of the rear property line. In the…

Berkeley has no right-to-farm nuisance shield; instead Chapter 23.318 zones urban agriculture directly. Small operations get a by-right Zoning Certificate, while larger ones need a…

Alameda County Code shields lawful commercial agricultural operations from private and public nuisance lawsuits triggered only by changed conditions on neighboring land, protecting…

Berkeley Municipal Code Chapter 13.114 bars every city agency and employee from using city resources to help federal immigration enforcement, from denying city services based on…

Berkeley does not require private employers to use the federal E-Verify system, and California Labor Code section 2814 forbids cities and employers from mandating E-Verify beyond what…

When a bike lane runs next to on-street parking in Berkeley, city rules force a buffer: cars on a one-way street must keep their curb-side wheels within 18 inches of the bike lane's…

Berkeley regulates shared electric scooters and bikes through a city permit program with operator caps, equity requirements, mandatory parking corrals, and helmet rules under…

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…

Downtown Berkeley projects using the Green Pathway streamlined process must conform to the city's Downtown Design Guidelines, and the Design Review Committee (DRC) treats those…

Berkeley implements California Government Code 65915 density bonus, granting up to 50 percent additional units and concessions for projects providing affordable housing, with local…

Berkeley allows garage, yard, and rummage sales on residential property by right, but caps each sale at two days and limits any property to one sale per calendar month under the Zoning…

Berkeley caps window signs, whether permanent or temporary, at 15 percent of a building's window area or 300 square feet, whichever is smaller. Temporary window signs get to stack on…

Berkeley outlaws off-premises signs west of the western line of Third Street that are designed to be read primarily from the Eastshore Freeway. There is only one way around the ban: a…

Berkeley allows political signs on private property with residents permission, subject to size and placement limits in BMC Title 20, and protected by the First Amendment from…

Berkeley's Rental Housing Safety Program requires every owner of rental units to self-certify annually, by July 1st, that units meet the city's housing safety checklist, or request a…

Tenants in unincorporated Alameda County can request county-arranged mediation within 45 days of giving a landlord written notice of untenantable conditions, before other remedies.

Berkeley sets its noise limit by the zone of the property receiving the sound, not the source. A West Berkeley data center's cooling and generators may not exceed 55 dBA daytime and 45…

Alameda County has no dedicated data-center ordinance. A data center is regulated only through general industrial zoning, the M-1, M-2, and M-P districts, plus Site Development Review…

Berkeley residents can post No Solicitation or No Knock signs at their door. Ignoring a posted sign during door-to-door commercial activity exposes the solicitor to trespass…

Commercial door-to-door solicitors in Berkeley must obtain a business license and comply with time-of-day and No Solicitation sign rules; political, religious, and charitable…

Berkeley restaurants and delivery platforms may only provide disposable utensils, straws, condiments, and napkins when customers explicitly request them, in line with state AB 1276 and…

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

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

California 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…

Alameda County's water-efficient landscape ordinance gives areas irrigated with recycled water a looser water budget, an ET adjustment factor up to 1.0, versus the standard 0.7, to…

Alameda County does not have a specific bamboo ban, but running bamboo that spreads onto neighboring properties can be addressed as a nuisance under county ordinances and California…

California regulates concealed carry weapons licenses statewide under Penal Code 26150 through 26225. Senate Bill 2 (2023) imposes uniform sensitive-place restrictions and applicant…

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

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…

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…

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…