Berkeley, CA Public Conduct: Loud Party Ordinance (2026)
Key Facts
- Nuisance threshold
- Gathering of 10+ persons disturbing a neighborhood
- 2nd response penalty
- $750 civil penalty
- 3rd response penalty
- $1,500 civil penalty
- 4th+ response penalty
- $2,500 each, per response
- Liability window
- 120 days between responses
- Notice removal fine
- $100 civil penalty
- Payment deadline
- 30 days after citation issued
Summary
Berkeley Municipal Code Chapter 13.48 makes a gathering of ten or more people a public nuisance once it substantially disturbs a neighborhood through excessive noise, traffic, drunkenness, fights, or underage drinking. A second police response to the same address within 120 days triggers civil penalties of $750, rising to $1,500 and then $2,500, charged jointly against hosts, residents, sponsors, and the property owner.
It shall be unlawful and a public nuisance to conduct a gathering of ten or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. A gathering constituting a public nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and state statutes such as: Berkeley Municipal Code ("BMC") Chapter 13.40 et seq. (Community Noise), BMC Chapter 13.36 et seq. (Disorderly Conduct/Obstruction of Public Way), Penal Code Sections 415 and 416 (Breach of the Peace).
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
Under BMC § 13.48.020, it is unlawful and a public nuisance to conduct a gathering of ten or more persons on private property in a way that substantially disturbs the quiet enjoyment of a significant segment of a neighborhood through conduct such as excessive noise or traffic, obstruction of public streets, public drunkenness, service of alcohol to minors, fights, or litter. Berkeley police may order the gathering disbanded and cite or arrest violators under related chapters covering noise, disorderly conduct, and weapons.
The first police intervention at a property triggers a posted notice (Exhibit A) warning that any second intervention within 120 days makes guests, residents, sponsors, and the property owner jointly and severally liable for civil penalties under § 13.48.040. Owners are liable if they live on or adjacent to the property, were present at posting, or were mailed notice and 14 days have passed. Removing or defacing the posted notice carries its own $100 civil penalty under § 13.48.030.
Section 13.48.050 sets the penalty schedule: $750 for a second response in any 120-day period, $1,500 for a third, and $2,500 for each further response, billed by administrative citation under Chapter 1.28 and due within 30 days. Late payment adds interest at the maximum legal rate plus a further $100 penalty. Section 13.48.070 bars the City from enforcing the chapter in a way that targets properties housing students, though it may still prioritize the most disruptive or repeat-offending addresses.
Violations & Fines
Civil penalties escalate per 120-day period at the same address: $750 for the second police response, $1,500 for the third, and $2,500 for each additional response, plus a further $100 penalty and interest on late payment (§ 13.48.050). Removing a posted nuisance notice adds a separate $100 fine (§ 13.48.030). Penalties are billed as administrative citations under Chapter 1.28 and are collectible as a civil debt in court (§ 13.48.060).
Frequently Asked Questions
Who can be fined for a loud party in Berkeley?
How much is the fine for repeated loud-party police calls?
Is there a grace period before the second response counts?
Does Berkeley single out student rentals under this ordinance?
Sources & Official References
Other rules in Berkeley
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