Noise ordinances › Berkeley, CA

Berkeley noise ordinance: quiet hours, limits and complaints

Last updated: October 30, 2026

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Quiet hours in Berkeley

Night runs from 10:00 p.m. to 7:00 a.m. in both decibel tables. Outdoors, the limit at residential property drops from 55 to 45 dBA in R-1, R-2, R-1A, R-2A and ESR districts and from 60 to 55 dBA in R-3 and above, and at commercial property from 65 to 60 dBA, while industry stays at 70 dBA at any time (13.40.050, Table 13.40-1); inside a neighboring unit of a multi-family dwelling the limit drops from 45 to 40 dBA (13.40.060, Table 13.40-2). Construction, drilling, repair, alteration or demolition tools and equipment may not be operated before 7:00 a.m. or after 7:00 p.m. on a weekday, or before 9:00 a.m. or after 8:00 p.m. on a weekend or holiday, so that the sound across a residential or commercial property line violates 13.40.050 or 13.40.060, except emergency work of public service utilities or work under a variance (13.40.070.B.7(a)); the same hours and test apply to mechanically powered saws, sanders, drills, grinders, and lawn or garden tools (13.40.070.B.11(a)). Loading, unloading, opening, closing or handling boxes, crates, containers or building materials between 10 p.m. and 7 a.m. is barred when the sound across a residential property line violates those limits (13.40.070.B.6). Tests of a stationary emergency signaling device may not occur before 7:00 a.m. or after 7:00 p.m. and may not exceed 60 seconds, and a complete system test may be held no more than once each calendar month, not before 7:00 a.m. or after 10:00 p.m. (13.40.070.B.10(b)). Permitted outdoor amplified sound for an event may be used on public property only from 10:00 a.m. to 8:00 p.m., unless another provision such as 13.40.080 allows otherwise, and on private property only from 10:00 a.m. to 8:00 p.m. and for no more than 4 hours in any 24-hour period (13.40.100.B.2, B.3). The general disturbance rule (13.40.030.A), loud yelling and shouting (13.40.070.B.3), animal noise (B.5) and the gas leaf blower ban (B.14) carry no time band and apply at all hours. The City's noise page says construction noise is allowed from 7:00 am to 7:00 pm on weekdays and 9:00 am to 8:00 pm on weekends and holidays; under the code, work outside those hours is barred only when its sound across the property line exceeds the 13.40.050 or 13.40.060 limits.

Decibel limits

Yes, numeric limits, set by the zoning district of the property receiving the noise, not the property it comes from (13.40.050.A). A noise control officer measures on the receiver's property using the A-weighting scale and the slow meter response (13.40.040.B), with a meter meeting the ANSI standard for Type 1 or Type 2 sound level meters (13.40.020.EE). Exterior limits, Table 13.40-1 (levels not to be exceeded more than 30 minutes in any hour): R-1, R-2, R-1A, R-2A and ESR, 55 dBA from 7:00 a.m. to 10:00 p.m. and 45 dBA from 10:00 p.m. to 7:00 a.m.; R-3 and above, 60 and 55 dBA; commercial, 65 and 60 dBA; industry, 70 dBA at any time. Measured on any other property, a source may not exceed the table level for a cumulative period of more than 30 minutes in any hour, the level plus 5 dBA for more than 15 minutes, plus 10 dBA for more than 5 minutes, plus 15 dBA for more than 1 minute, or plus 20 dBA for any period of time (13.40.050.A.2). If the measured ambient noise is already louder than the table level, the ambient level becomes the base for the same steps (13.40.050.A.3), and on a boundary between two zones the quieter zone's limit applies (13.40.050.A.4). Interior limits, Table 13.40-2, for multi-family dwellings with windows in their normal seasonal configuration, measured inside a neighboring dwelling unit: 45 dBA from 7:00 a.m. to 10:00 p.m. and 40 dBA from 10:00 p.m. to 7:00 a.m., not to be exceeded for more than 5 minutes in any hour, plus 5 dBA for more than one minute, or plus 10 dBA for any period of time; the same ambient rule applies (13.40.060). Construction, where technically and economically feasible (13.40.070.B.7(b)): mobile equipment used for less than 10 days, 75 dBA at R-1 and R-2 residential, 80 dBA at R-3 and above multi-family residential and 85 dBA at commercial or industrial property on weekdays from 7:00 a.m. to 7:00 p.m., and 60, 65 and 70 on weekends from 9:00 a.m. to 8:00 p.m. and legal holidays (Table 13.40-3); stationary equipment used for 10 days or more, 60, 65 and 70 dBA on weekdays and 50, 55 and 60 on weekends and legal holidays (Table 13.40-4). Permitted outdoor amplified sound (13.40.100.B.5): on private property, no more than 15 dBA above the ambient level at the exterior of any dwelling unit on residential property, and never above 65 dBA there; on public property, no more than 15 dBA above ambient at any point 50 feet from the equipment, unless the Environmental Health Division allows more for an audience that cannot otherwise be reached. An entertainment establishment may exceed the limits by no more than five decibels above the standard or the ambient level, whichever is higher, if its use permit so provides (13.40.115). A place of public entertainment whose sound exceeds 95 dBA at any point normally occupied by a customer must post a hearing-impairment warning sign (13.40.070.B.12). Rules with no meter reading: the general disturbance test (13.40.030.A), loud or raucous yelling, shouting, whistling or singing (13.40.070.B.3), selling by shouting or outcry (B.4), animal noise (B.5), vibration (B.8), outdoor emergency signals and alarms (B.10), tampering with a noise control device (B.13) and the gas leaf blower ban (B.14).

What the ordinance actually says

§ 13.40.030.A: "Notwithstanding any other provisions of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area."

§ 13.40.050.A: "Maximum permissible sound levels shall be determined by the zoning district of the property subject to the noise, not the property from which the noise originates."

§ 13.40.050.A.2: "No person shall operate or cause to be operated any source of sound at any location within the incorporated City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the sound level when measured on any other property to exceed:"

§ 13.40.070.B.7(a): "Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work before 7:00 a.m. on a weekday (or before 9:00 a.m. on a weekend or holiday) or after 7:00 p.m. on a weekday (or after 8:00 p.m. on a weekend or holiday) such that the sound therefrom across a residential or commercial real property line violates Section 13.40.050 or 13.40.060, except for emergency work of public service utilities or by variance issued by the EHD."

§ 13.40.070.B.14: "Notwithstanding subsection B.11 of this section, it shall be unlawful for any person, including any City employee, to operate any portable machine powered with a gasoline engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, or other surfaces within the City limits."

§ 13.40.040: "Upon receipt of two non-anonymous citizen noise complaints in a commercial area or regarding any event, or upon receipt of one non-anonymous citizen noise complaint in all other areas, a NCO or other authorized agent of the City Manager, equipped with a sound level meter, shall investigate the complaint."

§ 13.40.070.B.5: "Any noise which is audible continuously for 10 minutes or intermittently for 30 minutes shall be prima facie evidence of such annoyance or discomfort."

§ 13.48.050.A.1: "For the second response in any one hundred twenty (120) day period the penalty shall be the total sum of seven hundred fifty dollars ($750.00)."

Quoted verbatim from the official codified text (Berkeley Municipal Code (BMC), Title 13, Chapter 13.40 "Community Noise", §§ 13.40.010 to 13.40.130: 13.40.010 purpose and intent, 13.40.020 definitions, 13.40.030 general noise regulations, 13.40.040 noise measurement procedure, 13.40.050 exterior noise standards (Table 13.40-1), 13.40.060 interior noise standards (Table 13.40-2), 13.40.070 prohibited acts (including construction Tables 13.40-3 and 13.40-4 and the gas leaf blower ban at B.14), 13.40.080 exemptions, 13.40.090 variances, 13.40.100 and 13.40.110 amplified sound permits, 13.40.115 entertainment establishments, 13.40.120 appeals, 13.40.130 fees (Ord. 5500-NS § 1 (part), 1982; Ord. 6026-NS § 1, 1990, in the history of 13.40.070; Ord. 7122-NS §§ 1 to 14, 2009, the only history line on 13.40.115 and 13.40.130). Also Chapter 13.48 "Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events", §§ 13.48.010 to 13.48.070 (Ord. 6182-NS, 1993; Ord. 6974-NS, 2007; Ord. 7177-NS, 2011). Text read on 2026-10-30 on berkeley.municipal.codes (Code Publishing), the code host the City's noise page links, which states "The Berkeley Municipal Code is current through Ordinance 8031-NS, passed July 28, 2026."). Verified against the live code on 2026-10-30. Ordinances get amended — before acting on a specific provision, check the linked official code. This page is a plain-language summary, not legal advice.

How to file a noise complaint in Berkeley

Berkeley's noise page says to report a noise disturbance by identifying the source, if known, and submitting a report on the City's online portal as a Miscellaneous Internet Request (https://berkeleyca.qscend.com/311/request/add?typeId=399). The same page lists the Environmental Health Division, which takes sound permit applications, at (510) 981-5310 and envhealth@berkeleyca.gov, and refers excessive noise from animals, such as a barking dog, to the City's Animal Care Services Division at (510) 981-6600. The Police Department's Report a Crime page says "In an emergency, call 911." and "For immediate police response, call (510) 981-5900."; that page does not mention noise, and the noise page does not mention the police. Under the code, a noise control officer equipped with a sound level meter must investigate on receipt of one non-anonymous citizen complaint, or two in a commercial area or about an event (13.40.040); for most violations the officer first gives a warning, and a violation arises if the noise persists after the warning or recurs within eight hours (13.40.030.C, 13.40.070). Animal noise may also be enforced by an Animal Control Officer (13.40.070.B.5). Penalties: any violation of Chapter 13.40 may be charged as a misdemeanor or an infraction under Chapter 1.20 and is a public nuisance that may be abated (13.40.030.B); Chapter 13.40 itself states no fine amount. For a gathering of ten or more people on private property that substantially disturbs the quiet enjoyment of property in a significant segment of a neighborhood, the first police intervention posts a notice on the premises, and a second response within 120 days brings a civil penalty totaling $750, a third $1,500 and each further response $2,500, for which the residents, the sponsors, guests who caused the nuisance and, in set cases, the owners are jointly and severally liable (13.48.020 to 13.48.050). Sources: https://berkeleyca.gov/city-services/livable-neighborhoods/noise-standards and https://berkeleyca.gov/safety-health/police/report-crime.

Step by step, with what to log and what to expect after you file: how to file a noise complaint in Berkeley. For the general playbook — documenting the problem, talking to a landlord or HOA, when 311 beats 911 — see the noise complaints guide.

Worth knowing

(1) Gas leaf blowers are banned outright: no one, City employees included, may operate a portable gasoline-powered machine to blow leaves, dirt or debris anywhere in the city at any hour, a violation needs neither a warning nor a measurement, and notice of the ban is to be posted in all stores selling such machines in the city (13.40.070.B.14 and the section's opening paragraphs). (2) Four enforcement tracks (13.40.070, opening paragraphs): a warning that is disobeyed is enough for the general disturbance rule, raucous yelling, street sales, animal noise and vibration; a warning plus a meter measurement is needed for sound devices, amplified sound, loading and unloading, construction and demolition, model vehicles and power tools; neither is needed for emergency signal tests, tampering and gas leaf blowers; and only a measurement is needed for loud venues without the warning sign. Under the warning procedure, the noise becomes a violation if it persists after the warning or recurs within an eight-hour period (13.40.030.C). (3) Construction and power tools are not banned outright at night: outside 7 a.m. to 7 p.m. on weekdays and 9 a.m. to 8 p.m. on weekends and holidays, the test is whether the sound across the property line breaks the ordinary exterior or interior limits (13.40.070.B.7(a), B.11(a)), and during those hours the chapter's separate construction schedule applies only "Where technically and economically feasible" (13.40.070.B.7(b)). (4) Ambient rules: if the area is already louder than the table, the ambient level becomes the limit; ambient is measured at the same spot with the source turned off if possible, or by moving away from a continuous source to a steady reading, and if neither is possible the reading with the source running is compared directly with the standards (13.40.050.A.3, A.5). The Environmental Health Division may deem a noise in compliance once it has been mitigated as far as technically and economically feasible, and may grant case-by-case administrative exceptions, especially in older buildings; either decision may be appealed to the City Manager within 30 days (13.40.030.E, 13.40.080.D). (5) Animals: noise that annoys two or more reasonable persons in separate residences (apartments and condominiums count) is covered, or one person if only one is affected; noise audible continuously for 10 minutes or intermittently for 30 minutes is prima facie evidence, and pitch, pattern and frequency of occurrence may be weighed (13.40.070.B.5). (6) Vibration that annoys two or more people in separate residences is barred at or beyond the property boundary of a source on private property, or at least 150 feet from a source on a public space or right-of-way (13.40.070.B.8). (7) Exempt (13.40.080): sound alerting people to an emergency and sound from emergency work; warning devices such as police, fire and ambulance sirens and train horns; and events whose permits allow louder levels or longer times. Noncommercial, nonamplified public speaking and public assembly on public space or a public right-of-way are exempt from the general disturbance rule (13.40.030.A). (8) Outdoor amplified sound for an event needs a permit from the Environmental Health Division, applied for no less than 30 days ahead; a private location may receive no more than seven amplified sound permits in a calendar year and none within 30 days of another permitted event there, a public location no more than one permit in a day; only music or speech is allowed, speakers must point away from homes where feasible, and two named contacts must be on site (13.40.100). Indoor amplified sound that may be prolonged or disturbing requires notice to all residents within a 50-foot area at least 5 days ahead (13.40.110). The City's noise page lists $125 non-refundable for the application review of a one- or two-day event, $125 for the permit if approved, $188 for a late application (less than 30 days before the event), $75 per additional day for events of 3 or more days and $500 for a sound permit variance; the code leaves fees to Council resolution and allows an indigent fee waiver (13.40.130). Appeals of a permit or variance go to the City Manager in writing no less than 72 hours before it is to be used (13.40.120). (9) Variances to exceed the standards come from the Environmental Health Division after notice is posted in the area for 12 working days, and may last up to three years where the time to comply cannot be determined (13.40.090). (10) Exterior burglar and fire alarms and vehicle burglar alarms must stop within 15 minutes (13.40.070.B.10(c)); pool pumps and similar machinery must be enclosed or muffled (B.11(b)); selling by outcry is barred in residential and commercial areas except at licensed events (B.4); and removing a product's noise control device is barred (B.13). (11) Loud parties (Chapter 13.48): the posted notice must stay up for 120 days, and the residents, persons in control and sponsors are liable for $100 if it is removed or defaced (13.48.030.A); an owner who does not live on or next to the premises and was not present at the posting becomes liable 14 days after the notice is mailed (13.48.040.A); there is no penalty for a second response the same day or night unless a reasonable time was given to end the nuisance, or if an owner asked the police for help to end it and cooperated fully (13.48.040.F, G); a second intervention within 120 days, other than one the same day or night, extends the period by another 120 days from that date (13.48.040.H); unpaid penalties after 30 days add interest and another $100 (13.48.050.B); if excessive noise was the only violation, the chapter's penalties replace the City's other remedies for that noise (13.48.050.A.4); and the chapter may not be enforced in a manner that targets property housing students (13.48.070). (12) The City's page and the code differ on construction: the page says construction noise is allowed from 7:00 am to 7:00 pm on weekdays and 9:00 am to 8:00 pm on weekends and holidays, while the code bars work outside those hours only when its sound breaks the decibel limits; the code controls.

Document it before you report it

Berkeley's limits are measured numbers, so a reading is direct evidence of how loud it really is. Take a quick reading with the free online decibel meter — it runs in your browser and records nothing — and check how loud your block is on the Berkeley noise map. For time-stamped measurement history you can show a landlord or code officer, the app keeps a log.