Berkeley caps garage sales at one sale per month per property under BMC 23.302.030 (Temporary Uses and Structures). The same section limits each sale to a maximum of two consecutive days.
BMC 23.302.030 is part of Title 23 (Zoning) and regulates the temporary uses allowed in residential and other zones. The garage-sale provision permits residential property owners or tenants to hold occasional yard sales without a separate permit, but limits frequency to one sale within any calendar month and duration to no more than two days per sale. The rule applies to any 'garage sale,' 'yard sale,' 'rummage sale,' or comparable temporary outdoor sale of household goods on residential property. Holding a more frequent sale converts the use into an unpermitted home occupation or retail use under Title 23 and requires either a Use Permit or Administrative Use Permit. Items sold must be the owner's used personal property — buying inventory for resale is not allowed under the residential garage-sale allowance.
Exceeding the one-sale-per-month limit, running a sale longer than two days, or operating a de facto retail business is enforced as a zoning violation. Berkeley Code Enforcement issues administrative citations starting at $100 / $200 / $500 for first, second, and subsequent violations within a year. Persistent violations can be cited as a public nuisance with daily penalties up to $1,000.
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