What Berkeley Regulates: A Complete Ordinance Overview

Berkeley is a mid-sized city in Alameda County, California, with about 124000 residents. Like most cities its size, it has a set of local rules that may differ significantly from neighboring municipalities. Here is an overview of 211 ordinances across 45 categories that affect daily life in Berkeley.

Fence Regulations

Pool Barriers: California Health and Safety Code 115920 et seq. requires 60-inch pool barriers with self-closing self-latching gates, enforced in Berkeley through building permit inspections..

Also covered: Permit Requirements (moderate), Material Restrictions (moderate), Neighbor Fence Rules (moderate). See the full fence regulations guide for Berkeley for details.

Parking Rules

Street Parking Limits: Berkeley enforces a 72-hour continuous parking limit citywide and operates Residential Preferential Parking zones requiring permits in 1-hour or 2-hour restricted neighborhoods..

Also covered: Overnight Parking (moderate), Driveway Rules (moderate), Commercial Vehicle Restrictions (strict). See the full parking rules guide for Berkeley for details.

Accessory Structures

ADU Rental Restrictions: Berkeley prohibits short-term rentals (under 14 days) of any ADU under BMC Chapter 23.318 and the Short-Term Rental Ordinance (BMC 23.318). Long-term ADU rentals (30+ days) are subject to Berkeley's Rent Stabilization Ordinance (BMC 13.76) - however, newly constructed ADUs are exempt from rent ceiling under the Costa-Hawkins Rental Housing Act..

Also covered: Tiny Homes (moderate), Shed Rules (moderate), Carport Rules (moderate). See the full accessory structures guide for Berkeley for details.

Property Maintenance

Property Blight: Berkeley prohibits exterior property conditions that constitute blight, including accumulated trash, overgrown vegetation, dilapidated structures, and graffiti, enforced by Code Enforcement..

Also covered: Garage Sale Rules (moderate), Trash Bin Storage (moderate), Snow & Sidewalk Clearing (moderate). See the full property maintenance guide for Berkeley for details.

Outdoor Lighting

Dark Sky Rules: Berkeley requires shielded outdoor lighting for new development under Title 23 Zoning Ordinance with specific standards to minimize glare, light trespass, and uplight pollution..

Also covered: Light Trespass (moderate). See the full outdoor lighting guide for Berkeley for details.

Landscaping Rules

Water Restrictions: 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..

Also covered: Rainwater Harvesting (permissive), Artificial Turf (moderate), Grass Height Limits (strict). See the full landscaping rules guide for Berkeley for details.

Building Safety

Elevator Maintenance: Elevators in Berkeley are regulated by the California Division of Occupational Safety and Health (Cal-OSHA) Elevator Unit, requiring annual inspections and a valid permit to operate..

Also covered: Scaffold & Sidewalk Shed (moderate), Lead Paint (strict), Pest Control (moderate). See the full building safety guide for Berkeley for details.

Curfew Laws

Park Curfew: Berkeley parks are closed from 10 p.m. to 6 a.m.

Also covered: Juvenile Curfew (permissive). See the full curfew laws guide for Berkeley for details.

HOA Rules

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

Also covered: Architectural Review (moderate), Dispute Resolution (moderate), Assessment & Dues (moderate). See the full hoa rules guide for Berkeley for details.

Short-Term Rentals

Night Caps: Berkeley limits un-hosted short-term rentals to 90 nights per calendar year. Hosted stays (where the host remains on-site) have no annual cap..

Also covered: Noise Rules (strict), Insurance Requirements (strict), Taxes & Fees (moderate). See the full short-term rentals guide for Berkeley for details.

Noise Ordinances

Leaf Blower Rules: Berkeley banned gas-powered leaf blowers in 1991, making it one of the first US cities to do so, well ahead of California statewide AB 1346 small-engine phaseout..

Also covered: Aircraft Noise (permissive), Quiet Hours (strict), Construction Hours (strict). See the full noise ordinances guide for Berkeley for details.

Trash & Recycling

Recycling Requirements: 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 loads..

Also covered: Bin Placement Rules (moderate), Bulk Item Disposal (moderate), Pickup Rules & Schedules (moderate). See the full trash & recycling guide for Berkeley for details.

Building Setbacks & Zoning

Setback Rules: Berkeley residential setbacks require 20-foot front, 4-foot side, and 15-foot rear yards in R-1 zones under Title 23 Zoning Ordinance, with ADU exceptions under SB 9 and state ADU law..

Also covered: Structure Height Limits (strict), Lot Coverage Limits (strict). See the full building setbacks & zoning guide for Berkeley for details.

Fire Regulations

Wildfire Zones: The Berkeley Hills are designated Very High Fire Hazard Severity Zone by CAL FIRE. Enhanced defensible space, WUI building codes, and ember-resistant construction are mandatory..

Also covered: Backyard Fires (strict), Smoke Detectors (strict), Brush Clearance (strict). See the full fire regulations guide for Berkeley for details.

Animal Ordinances

Exotic Pets: Berkeley follows California restricted species rules under Title 14 CCR, banning most wild and exotic animals as pets, with additional local limits on large reptiles and primates..

Also covered: Dog Leash Laws (strict), Beekeeping (moderate), Chickens & Livestock (moderate). See the full animal ordinances guide for Berkeley for details.

Drone Rules

Commercial Drones: Commercial drone flights in Berkeley require a Part 107 Remote Pilot Certificate under 14 CFR Part 107, plus any needed LAANC authorization for controlled airspace and City permits for park or event use..

Also covered: Recreational Drones (strict). See the full drone rules guide for Berkeley for details.

Home Business

Signage Rules: Berkeley limits home business signage to one 1-square-foot non-illuminated plaque, flush-mounted to the residence. Freestanding, lighted, or window signs for home occupations are prohibited..

Also covered: Zoning Restrictions (moderate), Cottage Food Operations (moderate), Home Daycare (permissive). See the full home business guide for Berkeley for details.

Environmental Rules

Erosion Control: Berkeley requires erosion and sediment control plans for all grading permits and construction disturbing soil, with enhanced requirements in hillside and creek-adjacent areas..

Also covered: Stormwater Management (strict), Flood Zones (strict), Grading & Drainage (strict). See the full environmental rules guide for Berkeley for details.

Solar Energy

Panel Permits: Berkeley offers expedited solar permits under AB 2188 with same-day residential approval, required by state law and Berkeley Solar Access Ordinance the first US solar law adopted 1978..

Also covered: HOA Restrictions (permissive). See the full solar energy guide for Berkeley for details.

Rental Property Rules

Rental Registration: 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 cycle..

Also covered: Rent Control (strict), Eviction Moratorium History (moderate), AB-1482 Notice Disclosure (moderate). See the full rental property rules guide for Berkeley for details.

Cannabis Regulations

Dispensary Zoning: Berkeley permits adult-use and medicinal cannabis dispensaries in specific commercial zones under BMC Chapter 12.27 and Title 23, with buffer distances from schools and a capped number of storefront licenses..

Also covered: Cannabis Delivery Rules (moderate), Personal Cultivation Limits (permissive), Buffer Zones (moderate). See the full cannabis regulations guide for Berkeley for details.

Food Trucks & Mobile Vendors

Food Truck Permits: 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 vending law..

Also covered: Vending Zones (moderate). See the full food trucks & mobile vendors guide for Berkeley for details.

Sign Regulations

Political Signs: 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 content-based restrictions..

Also covered: Holiday Displays (permissive), Garage Sale Signs (moderate). See the full sign regulations guide for Berkeley for details.

Tobacco & Vaping

Flavored Tobacco Bans: 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 opening near schools..

Single-Use Items

Utensils-On-Request: 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 stricter local rules..

Also covered: Takeout Containers (strict), Plastic Bag Rules (strict). See the full single-use items guide for Berkeley for details.

Public Health Rules

Healthy Food Retail: Berkeley voters passed Measure D in 2014, making Berkeley the first US city to enact a sugar-sweetened beverage tax. Distributors pay one cent per fluid ounce on sodas, sports drinks, and sweetened teas sold in Berkeley..

Also covered: Food Handler Certification (moderate), Syringe Disposal (moderate), Rodent Control (moderate). See the full public health rules guide for Berkeley for details.

Swimming Pools & Spas

Fencing Requirements: Berkeley enforces California H&S 115920 requiring pool barriers at least 60 inches high with self-closing, self-latching gates and at least two additional safety features..

Also covered: Hot Tub Rules (moderate), Above-Ground Pools (moderate), Safety Rules (strict). See the full swimming pools & spas guide for Berkeley for details.

Garage & Yard Sales

Garage Sale Permits: Berkeley does not require a formal permit for occasional residential garage sales, but sales must remain infrequent, follow sign and blight rules, and not function as an unlicensed retail business..

Also covered: Frequency Limits (moderate), Time Restrictions (moderate). See the full garage & yard sales guide for Berkeley for details.

Homelessness & Encampment Rules

Sit-Lie Rules: Berkeley narrowly passed Measure S sit-lie restrictions in 2012 but the City Council repealed enforcement provisions in 2018, leaving commercial district sidewalk regulations far weaker than neighboring cities..

Also covered: Encampment Sanitation (moderate). See the full homelessness & encampment rules guide for Berkeley for details.

Water Use Rules

Leak Reporting Duty: Berkeley customers must report visible water leaks on city or EBMUD infrastructure promptly; private-side leaks must be repaired in a reasonable time or risk service shutoff and EBMUD penalty surcharges..

Also covered: Lawn Watering Restrictions (moderate), Turf Replacement Rebates (permissive), Recycled Water Rules (moderate). See the full water use rules guide for Berkeley for details.

Zoning Overlays & Bonuses

Hillside Overlay Rules: Berkeley Hillside Overlay imposes stricter setbacks, heights, grading, and fire-safety standards in the Berkeley Hills, the area devastated by the 1991 Tunnel Fire that killed 25 people and destroyed 3,000 homes..

Also covered: Transit-Oriented Communities (TOC) (moderate), Density Bonus Law (moderate). See the full zoning overlays & bonuses guide for Berkeley for details.

Business Licensing & Operations

Tobacco Retail License: Berkeley requires every tobacco and vape retailer to hold an annual Tobacco Retailer License (TRL), enforces flavored-tobacco and menthol bans, sets minimum pack sizes, and conducts undercover decoy compliance checks..

Also covered: Secondhand Dealers (moderate), Massage Establishments (moderate). See the full business licensing & operations guide for Berkeley for details.

Public Conduct

Outdoor Smoking Restrictions: Berkeley bans tobacco, cannabis, and vape smoking in nearly all public outdoor spaces, including commercial districts, parks, transit stops, dining patios, multi-unit housing balconies, and shared corridors of apartment buildings..

Also covered: Public Marijuana Use (moderate), Aggressive Panhandling (moderate). See the full public conduct guide for Berkeley for details.

Mobility & Curb Rules

Bike Lane Rules: Berkeley operates one of the first comprehensive Bicycle Boulevard networks in the US, with low-stress neighborhood routes, protected lanes on Hearst and Fulton, and full Vehicle Code enforcement of bike rules..

Also covered: Shared E-Scooter Rules (moderate). See the full mobility & curb rules guide for Berkeley for details.

Tree Protection

Tree Replacement Requirements: Berkeley generally prohibits removal of protected coast live oak trees under BMC Chapter 6.52. When a narrow exception is granted (such as an affordable-housing development that genuinely cannot avoid the tree), the developer must replant a replacement coast live oak on the project site or another City-approved location selected at the City Manager's discretion..

Also covered: Heritage & Protected Trees (strict), Tree Removal Permits (strict). See the full tree protection guide for Berkeley for details.

Local Taxes & Fees

Vacancy Tax: Berkeley voters passed the Empty Homes Tax in 2022 to discourage long-term vacancy, charging owners of qualifying residential units that sit unoccupied for 182 days or more in a calendar year a substantial annual surcharge..

Also covered: Business Tax Classification (moderate). See the full local taxes & fees guide for Berkeley for details.

Hotels & Lodging

Transient Occupancy Tax: Berkeley charges a 12% Transient Occupancy Tax on every hotel, motel, and short-term rental stay under thirty days, with operators required to register, collect at booking, and remit monthly to the city Finance Department..

Also covered: Hotel Living Wage (moderate). See the full hotels & lodging guide for Berkeley for details.

Employment Preemption

Minimum Wage Preemption: 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 two hours of work weekly within city limits..

Also covered: Paid Leave Preemption (moderate). See the full employment preemption guide for Berkeley for details.

Soliciting & Door-to-Door

Solicitor Permits: 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 canvassing is generally exempt..

Also covered: No-Knock Registry (moderate). See the full soliciting & door-to-door guide for Berkeley for details.

Immigration Policy

Sanctuary Policy Preemption: Berkeley declared itself a sanctuary city in 1971 for Vietnam War draft resisters and has expanded the policy ever since, prohibiting city employees and police from cooperating with federal immigration enforcement except as state law requires..

Also covered: E-Verify Mandates (permissive). See the full immigration policy guide for Berkeley for details.

Earthquake Safety

Unreinforced Masonry: BMC Chapter 19.38 establishes a mandatory seismic hazard mitigation program for unreinforced masonry (URM) buildings — those built before 1956 with masonry bearing walls lacking modern seismic reinforcement. Berkeley adopts Appendix Chapter 1 of the 1997 Uniform Code for Building Conservation (UCBC) as the retrofit engineering standard..

Also covered: Soft-Story Retrofit (strict), Foundation Anchoring (moderate), Seismic Gas Shutoff (strict). See the full earthquake safety guide for Berkeley for details.

Filming & Production

Street Closures: Closing or partially closing a Berkeley street for filming requires an extended BMC 9.78 permit lead time and coordination with Berkeley Public Works and Police. Major or collector street closures, and any rerouting of AC Transit service, need at least 7 business days' notice; minor street closures need at least 3 business days..

Also covered: Production Noise (moderate), Location Permits (moderate). See the full filming & production guide for Berkeley for details.

Street Vending

Vendor Permits: 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 and rights-of-way. Both chapters require a city-issued vending permit and ID card before any vending may occur.

Also covered: Cart & Stand Rules (moderate), Vending Zones (moderate). See the full street vending guide for Berkeley for details.

Outdoor Cooking

BBQ & Propane Rules: Berkeley enforces the California Fire Code (CFC) as adopted in BMC Chapter 19.48. CFC 308.1.4 prohibits open-flame cooking on combustible balconies or within 10 feet of combustible construction at apartments and condos.

Also covered: Outdoor Kitchen Permits (moderate), Smoker Rules (strict). See the full outdoor cooking guide for Berkeley for details.

Holiday Decorations

Holiday Light Rules: Berkeley has no municipal ordinance limiting holiday lights on private residential property. Restrictions come from HOA architectural rules under the Davis-Stirling Act.

Also covered: Lawn Ornament Rules (permissive), Inflatable Display Rules (permissive). See the full holiday decorations guide for Berkeley for details.

What to Do With This Information

If you are moving to Berkeley, buying a home, or starting a project, use this as a starting point. Each category links to detailed pages with the full text, penalties, and FAQs. Verify anything time-sensitive with Berkeley's city hall or code enforcement office.