Berkeley, CA Short-Term Rentals: Noise Rules (2026)
Key Facts
- Noise compliance duty
- BMC § 13.48 Second Response Ordinance
- Third-strike penalty
- 1-year operating ban
- Nuisance examples
- Excessive noise, crowds, minors drinking, fights
- Guest disclosure
- Chapter 13.40 Noise Ordinance copy required
Summary
A Berkeley short-term rental host has to comply with the city's Second Response Ordinance, and a third violation affidavit for loud or unruly parties bans that host from operating any short-term rental for a full year. Section 23.314.060(A) sets the rule; excessive noise itself is also defined as a public nuisance.
A. Compliance with Second-Response Ordinance. The host shall comply with the Second Response Ordinance in Municipal Code Section 13.48 (Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events). The host is prohibited from operating short-term rentals for one year after issuance of a third violation affidavit. ... 5. The following constitute a public nuisance: (a) Any occurrence at a short-term rental unit that creates a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, such as excessive noise or traffic, obstruction of public streets by crowds or vehicles, public intoxication, the service to or consumption of alcohol by minors, fights, disturbances of the peace, litter or other similar conditions.
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
48, which imposes civil penalties for multiple police or code-enforcement responses to loud or unruly parties, gatherings, or similar events. 48's own penalties: the host is prohibited from operating short-term rentals for one year after issuance of a third violation affidavit, a strike-based ban tied directly to repeated noise or party complaints at the property. 060(B)(5)(a) separately spells out what counts as an actionable nuisance at a short-term rental unit: any occurrence that creates a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, including excessive noise or traffic, obstruction of public streets by crowds or vehicles, public intoxication, service or consumption of alcohol by minors, fights, disturbances of the peace, or litter.
Subsection (B)(5)(b) adds a second nuisance category specific to emergencies: a short-term rental transient at a unit where an event is taking place who refuses access to, or interferes with access by, the Fire Department or other City personnel responding to an emergency call or investigating a situation. 40, at booking and arrival.
Violations & Fines
A third violation affidavit under the Second Response Ordinance triggers a one-year ban on operating any short-term rental under Section 23.314.060(A); noise and party nuisances at a short-term rental are separately punishable under BMC Sections 1.20 (General Penalty) and 1.28 (Administrative Citations) and abatable as a public nuisance under Sections 1.24, 1.26 and 23.414, and any Berkeley resident can bring a private injunctive action after giving the City and host 30 days' written notice.
Frequently Asked Questions
What happens after multiple noise complaints at a Berkeley short-term rental?
What counts as a nuisance at a Berkeley Airbnb?
Do guests have to be told about Berkeley's noise ordinance before booking?
Sources & Official References
Other rules in Berkeley
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Noise Rules in Nearby Cities
How other cities in Alameda County handle noise rules.