Berkeley, CA Noise from Specific Sources: Bar & Nightclub Noise (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.
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
070(B)(12). 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. 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?
Does every Berkeley bar automatically get the 5 dBA allowance?
What decibel level triggers a warning sign at a Berkeley entertainment venue?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California noise from specific sources overview
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Bar & Nightclub Noise in Nearby Cities
How other cities in Alameda County handle bar & nightclub noise.