Berkeley, CA Local Ordinances Guide

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 195 ordinances across 48 categories that affect daily life in Berkeley.

Cannabis Regulations

Dispensary Zoning: 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 retailers are capped at seven and barred from the C-N district..

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

Public Health Rules

Syringe Disposal: 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 stations, or city-supported events..

Also covered: Food Handler Certification (moderate), Bed-Bug Rules (permissive), Rodent Control (moderate). See the full public health rules guide for Berkeley for details.

Solar Energy

Expedited Solar Permitting: 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 business days. Berkeley Municipal Code Section 19.14.040 caps review to a single consolidated inspection and requires written correction notices on that same clock for incomplete applications..

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

HOA Rules

CC&R Enforcement: 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..

Also covered: Board Procedures (permissive), Dispute Resolution (permissive), Architectural Review (moderate). See the full hoa rules guide for Berkeley for details.

Rental Property Rules

Rent Control: 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 Stabilization Board..

Also covered: Security Deposit Rules (moderate), AB-1482 Notice Disclosure (moderate), Pass-Through Charges (moderate). See the full rental property rules guide for Berkeley for details.

Noise Ordinances

Leaf Blower Rules: 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..

Also covered: Barking Dogs (moderate), Construction Hours (moderate), Amplified Music & Outdoor Sound (restrictive). See the full noise ordinances 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: Sidewalk & Mobile Vending (moderate), Vending Zones (moderate). See the full food trucks & mobile vendors guide for Berkeley for details.

Short-Term Rentals

Taxes & Fees: 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 Zoning Certificate and a business license before a host residence can be listed..

Also covered: Extended Home Share (moderate), Repeat Violator Strikes (restrictive), Host Platform Liability (moderate). See the full short-term rentals guide for Berkeley for details.

Landscaping Rules

Artificial Turf: 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 replace it with natives not plastic..

Also covered: Water Restrictions (moderate), Weed Ordinances (moderate), Composting (permissive). See the full landscaping rules guide for Berkeley for details.

Trash & Recycling

Collection Schedule: 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 pickup at least weekly from private residences..

Also covered: Recycling Requirements (moderate), Pickup Rules & Schedules (moderate), Dumpster Rules (moderate). See the full trash & recycling 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.

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..

Curfew Laws

Park Curfew: Berkeley closes its city parks overnight unless a posted sign says otherwise. Default closure runs 10 p.m.

Tree Protection

Protected Tree Species: 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 more, cannot be cut down absent a narrow City Manager exception..

Also covered: Parkway Planting (moderate). See the full tree protection guide for Berkeley for details.

Building Safety

Fire Sprinkler Requirements: 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 stories, or two stories plus an inhabited basement, or has 20 or more sleeping rooms or residents. Only residential or quick-response sprinkler heads are allowed in sleeping units..

Also covered: Building Inspections (moderate), Carbon Monoxide Detectors (moderate), Elevator Maintenance (moderate). See the full building safety guide for Berkeley for details.

Special Events & Permits

Parklets: 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 through BMC § 14.48.190. Permits require ADA compliance, a 25-foot clearance from hydrants and curb returns, a six-foot width cap, and at least $1 million in liability insurance naming the City as additional insured..

Also covered: Park Event Permits (restrictive), Block Party Permits (moderate), Street Fair Rules (restrictive). See the full special events & permits guide for Berkeley for details.

Privacy & Surveillance

Facial Recognition Ban: 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 produces. Municipal Code Section 2.99.030(5) makes acquiring or using it a violation of the surveillance ordinance..

Also covered: License Plate Readers (restrictive), Security Camera Rules (restrictive). See the full privacy & surveillance guide for Berkeley for details.

Historic Preservation

Historic-Cultural Monuments: 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 district, or structure of merit designation must describe what qualifies the property and what features must be preserved before controls attach..

Animal Ordinances

Wildlife Feeding: Berkeley bans feeding wild animals anywhere on public property, including parks, streets, sidewalks and median strips, unless the City Manager issues written authorization. Violators are guilty of an infraction under BMC Chapter 6.50..

Also covered: Dog Leash Laws (moderate), Pet Limits (moderate), Mandatory Spay/Neuter (moderate). See the full animal ordinances guide for Berkeley for details.

Local Taxes & Fees

Vacancy Tax: 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 amount doubling for buildings that aren't a condo, duplex, single-family home or townhouse..

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

Outdoor Cooking

Smoker Rules: 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 permitted street event or block party, a pre-approved City facility barbecue, a barbecue inside a City park, or a fire in a pre-existing park apparatus built for it. The City Manager enforces additional posted park restrictions..

Also covered: BBQ & Propane Rules (restrictive). See the full outdoor cooking guide for Berkeley for details.

Filming & Production

Street Closures: 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 re-routed, plus insurance if the closure hits two or more intersections..

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

Noise from Specific Sources

Delivery Truck Noise: Berkeley bars loud loading and unloading between 10 p.m. and 7 a.m.

Also covered: Bar & Nightclub Noise (moderate), Car Alarm Limits (moderate), HVAC & Mechanical Noise (moderate). See the full noise from specific sources guide for Berkeley for details.

Environmental Rules

Stormwater Management: 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 specific pollution-prevention duties tied to the City's NPDES permit..

Also covered: Boat Dock Permits (moderate), Flood Zones (moderate), Flood Elevation Requirements (moderate). See the full environmental rules guide for Berkeley for details.

Hotels & Lodging

Transient Occupancy Tax: 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 the property and post a occupancy certificate within 30 days of opening..

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

Public Conduct

Public Marijuana Use: 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 into the tobacco smoking chapter. The only carve-out is a licensed Cannabis Retailer 'Lounge' built with a ventilated Designated Cannabis Smoking Room.

Also covered: Loitering Rules (moderate), Public Alcohol Use (moderate), Public Urination (moderate). See the full public conduct guide for Berkeley for details.

Business Licensing & Operations

Massage Establishments: 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 narrow conditions, but everyone else must apply through the Department of Finance, pass a police background check, and renew every two years..

Also covered: Tobacco Retail License (restrictive), Tattoo & Body Modification (restrictive), Secondhand Dealers (moderate). See the full business licensing & operations guide for Berkeley for details.

Homelessness & Encampment Rules

Sit-Lie Rules: 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 any citation, and violations are infractions or misdemeanors at the prosecutor's discretion..

Property Maintenance

Property Blight: 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 conditions, from broken structures and uncollected debris to a home standing vacant more than 120 days. The Building Official can order corrective action, and unresolved cases lead to city abatement, liens and civil penalties..

Also covered: Vacant Lot Maintenance (moderate), Snow & Sidewalk Clearing (moderate). See the full property maintenance guide for Berkeley for details.

Sidewalk & Pedestrian Rules

Encroachment Permits: 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 encroachments need City Council approval; minor ones are approved administratively by Public Works..

Also covered: Sidewalk Repair (moderate), Obstruction Rules (moderate). See the full sidewalk & pedestrian rules guide for Berkeley for details.

Swimming Pools & Spas

Fencing & Safety Requirements: 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, Health and Safety Code Section 115923 sets exact numbers: 60 inches high, self-latching gates that swing away from the pool, and no gaps a small child could squeeze through..

Also covered: Pool Permits (moderate). See the full swimming pools & spas guide for Berkeley for details.

Parking Rules

Overnight Parking: 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..

Also covered: Commercial & Oversized Vehicles (moderate), Abandoned Vehicles (moderate), Loading Zones (moderate). See the full parking rules guide for Berkeley for details.

Outdoor Lighting

Dark Sky Rules: 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. Motion-sensor fixtures cannot be triggered by activity happening off the lot where the light sits..

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

Building Setbacks & Zoning

Lot Coverage Limits: 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. The Zoning Officer reviews lot coverage through the Zoning Certificate every new building or addition must obtain before construction starts..

Also covered: Setback Rules (moderate), Structure Height Limits (moderate). See the full building setbacks & zoning guide for Berkeley for details.

Right to Farm

Agricultural Zoning Protection: 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 discretionary Administrative Use Permit..

Fence Regulations

Material Restrictions: 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 their value, and none may be repaired or expanded once non-conforming..

Also covered: Fence Permit Requirements (moderate), Height Limits (moderate), Retaining Walls (moderate). See the full fence regulations guide for Berkeley for details.

Immigration Policy

Sanctuary Policy Preemption: 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 immigration status, and from sharing personal information with ICE or CBP without a judicial warrant. Adopted as Ordinance 7984-NS in 2025, it replaces a string of City of Refuge resolutions running back to 1971..

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

Mobility & Curb Rules

Bike Lane Rules: 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 dividing line, and diagonally parked cars must stay within 12 inches of it, so the painted bike lane stays clear..

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

Accessory Structures

Shed & Carport Rules: 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 lot depth at the front..

Also covered: ADU Rules (moderate), ADU Rental Restrictions (moderate), ADU Owner Occupancy (moderate). See the full accessory structures guide for Berkeley for details.

Zoning Overlays & Bonuses

Downtown Design Guide: 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 guidelines as binding standards, not suggestions. The DRC must act within 90 days of a complete application, and its conformance call skips normal design-review appeal channels, going straight to City Council within 14 days..

Also covered: Density Bonus Law (moderate). See the full zoning overlays & bonuses guide for Berkeley for details.

Home Business

Signage Rules: 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 it draws..

Also covered: Customer Traffic Restrictions (moderate), Zoning & Home Occupation Permits (moderate), Home Daycare (moderate). See the full home business guide for Berkeley for details.

Garage & Yard Sales

Frequency, Duration & Permits: 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 Ordinance's temporary use rules..

Sign Regulations

Freeway-Facing Signs: 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 relocation agreement approved under BMC § 20.04.040, so a business cannot simply apply for a variance or design review exception..

Also covered: Window Signs (moderate), Political Signs (moderate). See the full sign regulations guide for Berkeley for details.

Rental Inspections

Inspection Programs: 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 City inspection instead. The City Manager can also proactively inspect any rental unit, but not more than once every three years for units that stay current on self-certification..

Fire Regulations

Fireworks: 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. Narrow exceptions exist only for licensed storage and handling, licensed manufacturing and testing, and professional pyrotechnics used in film, television, or stage productions under a fire department permit..

Also covered: Fire Pits & Backyard Fires (moderate), Propane Storage (moderate), Outdoor Burning (restrictive). See the full fire regulations guide for Berkeley for details.

Data Centers & Crypto Mining

Data Center Noise Limits: 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 dBA nighttime at a neighboring home, or 70 dBA at another industrial parcel..

Soliciting & Door-to-Door

No-Knock Registry: 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 enforcement..

Also covered: Solicitor Permits (moderate). See the full soliciting & door-to-door guide for Berkeley for details.

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..

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.