Berkeley's Homelessness & Encampment Rules: The Rules That Matter

Every city handles homelessness & encampment rules a little differently. In Berkeley, California, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

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Berkeley narrowly passed Measure S sit-lie restrictions in 2012 but the City Council repealed enforcement provisions in 2018, leaving commercial district sidewalk regulations far weaker than neighboring cities.

Key details: Measure S adopted: 2012. Repealed: 2018. Court doctrine: Martin v Boise. Current code: BMC 14.48 obstruction.

Active enforcement is rare and limited to genuine pedestrian obstruction with shelter availability, after warning. Citations issued without those conditions face dismissal under Martin v. Boise.

If you are coming from a city with tighter rules, you will find Berkeley gives residents more flexibility on sit-lie rules.

Encampment Sanitation

Berkeley uses a 72-hour notice and personal property storage protocol when clearing encampments, balancing public health with constitutional protections following the Lavan and Martin federal court rulings.

Key details: Notice period: 72 hours. Storage: 90 days. Resolution: 70,247-N.S.. Federal precedent: Lavan, Martin.

Failing to provide 72-hour notice, destroying stored property, or sweeping without shelter availability exposes the City to civil rights damages under Lavan v. Los Angeles and federal Section 1983 claims.

The Bottom Line

Berkeley's homelessness & encampment rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Berkeley is broadly strict or permissive.

These rules come from Berkeley's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.