Berkeley, CA Homelessness & Encampment Rules: Sit-Lie Rules (2026)
Key Facts
- Governing section
- BMC 13.36.015
- Applies to
- Sidewalks in 'C'-zoned commercial districts
- Hours (weekdays)
- 7:00 a.m.-10:00 p.m. Mon-Sat
- Hours (Sun/holiday)
- 10:00 a.m.-6:00 p.m.
- Dog limit
- 2 stationary dogs per 10 feet
- Adopted
- Ord. 7008-NS, 2007
Summary
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.
The accessibility created and related restrictions on stationary dogs and persons lying on the sidewalk imposed by this section shall apply to all commercial sidewalks between 7:00 a.m. and 10:00 p.m. Monday through Saturday, and between 10:00 a.m. and 6:00 p.m. on Sundays and holidays... No person shall lie upon a commercial sidewalk or upon any object on such sidewalk. No more than two stationary dogs shall be permitted in any ten-foot area on a commercial sidewalk, except for guide dogs, signal dogs, or service dogs, as provided by state law... No person may be cited for a violation of this ordinance until that person has first been warned that their conduct is in violation hereof.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
015 applies to sidewalks fronting property zoned with a 'C' prefix, covering the General Commercial, Central Commercial, Elmwood, North Shattuck, South Area, Solano Avenue, Telegraph, and West Berkeley commercial districts. m. on Sundays and holidays, no person may lie on the sidewalk or on any object on it, and no more than two stationary dogs (other than guide, signal, or service dogs) may occupy a ten-foot span. The section exempts anyone lying down due to a medical emergency and anyone using a City-placed object, such as a bus bench or plaza seating, as intended.
Enforcement is graduated: officers must first warn a person exceeding the dog ceiling and give them a chance to comply voluntarily before dogs can be ordered removed, and no one may be cited for lying on the sidewalk until first warned that their conduct violates the ordinance. 015.
Violations & Fines
A violation of the commercial-sidewalk rule is charged as either an infraction or a misdemeanor, at the prosecutor's discretion, but only after the person has already been warned once that their conduct is unlawful. The separate general obstruction offense in 13.36.010 carries the same misdemeanor exposure under the chapter's catch-all penalty section, 13.36.100, punishable as set out in BMC Chapter 1.20.
Frequently Asked Questions
Where does Berkeley ban lying on the sidewalk?
Can someone be cited immediately for lying on a Berkeley sidewalk?
Does Berkeley's sidewalk law limit dogs as well as people?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California homelessness & encampment rules overview
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Sit-Lie Rules in Nearby Cities
How other cities in Alameda County handle sit-lie rules.