Berkeley, CA Public Conduct: Loitering Rules (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.
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?
Does this loitering rule apply to all Berkeley parking lots?
What triggered Berkeley's parking lot loitering ban?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California public conduct overview
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Loitering Rules in Nearby Cities
How other cities in Alameda County handle loitering rules.