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Berkeley, CA Noise from Specific Sources: Bar & Nightclub Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
BMC 13.40.115
Allowed excess
Up to 5 dBA above standard or ambient
Condition
Only if authorized by the use permit
Enforcing agency
Environmental Health Division (EHD)
Adopted
Ord. 7122-NS, 2009

Summary

BMC 13.40.115 lets a bar, club, or other entertainment establishment run up to 5 decibels louder than the zone's standard or the ambient level, whichever is higher, plus later hours, but only if its own use permit spells that allowance out.

An entertainment establishment may exceed the sound level limits in this chapter by no more than five decibels higher than either the applicable standard or the ambient noise level, whichever is higher, and may deviate from the time restrictions set forth in this chapter, if the applicable use permit so provides.

View official code

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

Berkeley's noise chapter otherwise caps sound by zoning district under Table 13.40-1 in Section 13.40.050 (55-70 dBA depending on zone and daytime versus nighttime hours) and separately caps places of public entertainment at 95 dBA at any point a customer normally occupies, requiring a posted hearing-impairment warning sign above that level under 13.40.070(B)(12). Section 13.40.115 carves out a narrow variance specifically for entertainment establishments: they may exceed those otherwise-applicable limits by no more than 5 decibels above whichever is higher, the zone's numeric standard or the measured ambient noise level, and may run past the chapter's normal time restrictions, but only where the establishment's own conditional use permit affirmatively authorizes that deviation.

Absent that permit language, an entertainment venue is held to the same Table 13.40-1 limits and daytime/nighttime cutoffs as any other property in its zone, and complaints are investigated the same way as any other noise source: the Environmental Health Division dispatches a noise control officer with a sound level meter after two non-anonymous complaints in a commercial area, or one complaint elsewhere, under the 13.40.040 measurement procedure.

Violations & Fines

An entertainment establishment operating louder or later than its use permit allows is in violation of Chapter 13.40 and subject to the chapter's general penalty in 13.40.100: a misdemeanor or infraction at the City's discretion, punishable under BMC Chapter 1.20. The Environmental Health Division can also condition, suspend, or decline to renew the noise variance built into the establishment's use permit if violations recur.

Frequently Asked Questions

How much louder can a Berkeley bar be than the zoning noise limit?
Up to 5 decibels above whichever is higher, the zone's Table 13.40-1 standard or the measured ambient noise level, under BMC 13.40.115, but only if its use permit authorizes the deviation.
Does every Berkeley bar automatically get the 5 dBA allowance?
No. Section 13.40.115 only applies if the applicable use permit specifically provides for the higher sound level or extended hours; without that permit language, standard Table 13.40-1 limits apply.
What decibel level triggers a warning sign at a Berkeley entertainment venue?
95 dBA at any point a customer normally occupies requires a posted sign reading 'WARNING SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT' under BMC 13.40.070(B)(12).

Sources & Official References

Other rules in Berkeley

All Berkeley rules

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Bar & Nightclub Noise in Nearby Cities

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