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Berkeley, CA Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing section
BMC § 13.94.030
Scope
City-owned, operated, or leased lots only
Time exception
60 minutes seated in parked vehicle
Penalty
Misdemeanor (§ 13.94.040)
Adopted
Ordinance 6118-NS, 1992

Summary

Berkeley bans lingering in any City-owned, -operated, or -leased parking lot for any purpose other than parking a vehicle and walking to or from it. The rule targets unauthorized windshield-washers and squeegee panhandlers who accosted drivers for payment, and it carries a misdemeanor penalty.

It shall be unlawful for any person to remain on a City parking lot except for the purpose of parking a vehicle and of egress and ingress from said vehicle. Notwithstanding the aforementioned, it shall not be unlawful for any person to remain seated in a lawfully parked vehicle for a maximum time of sixty minutes.

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

030). 010 explain why: citizens were being accosted at City metered lots and intimidated, coerced, or threatened with harm to their body or property if they refused to pay someone to wash their vehicle or windshield. The findings also cite people offering, for a price, to feed expired parking meters (itself a separate parking-law violation) and groups congregating in lots at all hours, creating noise that disturbs surrounding properties and blocking the flow of vehicles entering and exiting. 020 defines a "City parking lot" as any lot owned, operated, or leased by the City, and "vehicle" broadly as any device by which a person or property may be propelled, moved, or drawn on a roadway.

The ordinance carves out one specific exception: it is not unlawful to remain seated in a lawfully parked vehicle for up to sixty minutes. Anyone who exceeds that window without an ingress/egress purpose, or who otherwise lingers in a City lot outside the parking-and-walking exception, is subject to prosecution. 20. The chapter reaches only City-owned, -operated, or -leased lots; it does not create a general public-loitering offense on sidewalks, parks, or private property, and it does not apply to lots owned by others, including the University of California.

Violations & Fines

A conviction under BMC § 13.94.030 is a misdemeanor under § 13.94.040, not a mere infraction. The only statutory safe harbor is remaining seated in a lawfully parked vehicle for sixty minutes or less; exceeding that time, or lingering for a purpose unrelated to parking and entering or exiting the vehicle, exposes a person to citation and prosecution by the City.

Frequently Asked Questions

Can I sit in my parked car in a Berkeley City lot?
Yes, for up to sixty minutes. BMC § 13.94.030 makes an explicit exception allowing anyone to remain seated in a lawfully parked vehicle in a City parking lot for a maximum of sixty minutes without violating the loitering prohibition.
Does this loitering rule apply to all Berkeley parking lots?
No. Chapter 13.94 defines "City parking lot" as one owned, operated, or leased by the City itself (§ 13.94.020). Privately owned lots and University of California lots fall outside this chapter.
What triggered Berkeley's parking lot loitering ban?
The Council's 1992 findings in § 13.94.010 describe people accosting drivers at metered lots, intimidating or threatening them into paying for unwanted windshield washing, and offering paid meter-feeding, plus groups congregating and blocking traffic flow in and out of the lots.

Sources & Official References

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