Laws and Enforcement
Laws and Policies
Enforcement and Accountability
enforcement agencies use both traditional and innovative tools - many
described here - to reinforce the community standards expressed in the
existing laws, policies and codes. Students need and deserve this protection
as much as any other member of the community. Contrary to public perception,
most students want campus and city police to make neighborhoods safer.
Given alcohol's role in violence and unintentional injury, fair and
consistent enforcement of the alcohol laws and policies are fundamental
to achieving overall community safety and quality of life.
Student Conduct receives information that a student may have engaged
in behavior that violates the Berkeley Campus Code of Conduct, the student
is contacted and asked to meet with Student Conduct to discuss the incident
and the possible charges. Students have the opportunity to resolve this
matter through an informal resolution with Student Conduct. If the student
accepts the resolution, he/she needs to fulfill the sanctions outlined.
Student Conduct may decide at this time to further investigate, to drop
the charges, or to issue a notification. If the student does not want
to accept the resolution or wants to go to a hearing, or if Student
Conduct feels it is appropriate, the case will go to a hearing to be
resolved. Information will be provided to the hearing panel/hearing
officer, including any information provided by the student. At the hearing,
the panel/officer reviews the information and listens to information
from Student Conduct, the respondent, and any witnesses. The hearing
panel/hearing officer will determine if the student is responsible or
not responsible for any or all of the alleged charges. If the hearing
panel/hearing officer determines that the student is responsible for
some or all of the charges, the hearing panel/hearing officer will recommend
sanctions appropriate to that incident. Sanctions aim to help the student
reflect on his/her actions so that they are congruent with the standards
of the community, to repair any harm caused, and sometimes to remove
the student from the campus if warranted. The decision of the hearing
panel/hearing officer is issued by the Dean of Students, who has the
ability to adjust the sanctions. Appeals may occur by writing to the
Vice Chancellor for Student Affairs.
Game Student entrance gate enforcementis conducted by UCPD.
Officers are primarily enforcing the Campus Student Conduct Code, though
they may also cite/arrest for city and state violations if the situation
warrants it. For example, public drunkenness, regardless of age, can
lead to arrest and jail. UCPD officers monitor for underage or excessive
alcohol use as evidenced by observable signs and behaviors after students
enter the ticket gates, i.e. motor skills, walking, skin flush, eyes,
and, if contacted, how the student participates in that interaction.
Officers breathalyze students to establish a general quantity of alcohol
use for the purpose of awareness. Because it is not for legal purposes,
students can refuse to blow into the breathalyzer regardless of age.
Underage drinking is an automatic UCPD citation and entry to the game
denied. Football Game citations are shared with Student Conduct. Students
must contact the Student Conduct office within a certain period of time
and make an appointment to meet with a campus conduct officer. At the
meeting, the case will be reviewed and sanctions, which typically include
a $100 fine, will be determined.
city and campus police have received extra grant funding over the past
several years specifically to increase their underage drinking enforcement
operations and Berkeley has become a role model for college campus communities
around the state. The police use a variety of explicit and undercover
strategies. They are:
Patrols to reduce loud, late, unruly gatherings and parties by swiftly responding
and investigating complaint calls.
Checks to limit the access to alcohol by young people who are not of legal
drinking age by enforcing laws prohibiting the sale and furnishing
to or purchase of alcohol by minors.
Check Points to draw attention to the risks of alcohol-impaired driving, especially
for young adults.
and Berkeley Police conduct joint Safety Patrols Thursday, Friday and
Saturday nights regularly throughout the academic year. The joint teams
are largely made up of officers who are very familiar with the area
around the campus. They respond quickly to concerns and complaints about
parties and noise, thus reducing the drain on the police serving the
remainder of the community. Safety Patrols impact the alcohol-related
negative consequences of off-campus parties most directly.
police are called because of a loud or unruly gathering or party, they
will respond and investigate. If police observe things that make them
suspect that any criminal activity is taking place, including underage
drinking, they can enter the house, apartment, etc. to investigate.
Their primary concern is public safety. A secondary question is whether
the gathering constitutes a Public
Nuisance (BMC 13.48.020). The criteria for a public nuisance include:
the quiet enjoyment of significant portions of the neighborhood;
or more people;
noise or traffic;
of public streets by crowds or vehicles;
alcohol to minors;
or disturbances of the peace; and/or
it is a public nuisance violation, you are subject to the Second Response
Ordinance (BMC 13.48.050), and you'll be getting a letter from Student
Conduct that describes your public nuisance violation and asks you to
make different decisions next time or a letter requesting you meet with
Student Conduct regarding your public nuisance violation.
the Second Response Ordinance (BMC 13.48.050)
is designed to:
the likelihood that police will be called to the same public nuisance
gathering - often an off-campus party - again and again in the same
night over a semester; and
residents and property owners accountable for the cost of law enforcement's
repeated responses if they continue to receive and respond to complaints
of noise, crowds or other nuisances.
Second Response Ordinance outlines the penalties below:
violation - a warning, public notice (required to post "Exhibit
A" in plain sight at the property), and order to disperse the
violation at that property within the next 120 days (including the
same night) - automatic fine of $750;
violation at that property within the next 120 days (including the
same night) - automatic fine of $1500;
violations can occur and fines continue to increase.
the penalties can result in the "joint and several" liability
guests causing the nuisance;
sponsors of the gathering;
residents of the premises;
persons in control of the premises; and
owners of the premises that reside on or adjacent to the premises,
or are present at the premises when the warning notice is posted.
you're at a party that starts to get out of control, call the police
before someone else does. Breaking up your own party can save a lot
of money and problems later on.
The City of Berkeley will notify property owners and managers of the
citations, since unpaid fines for citations issued to their tenants
could result in liens being placed on the owners' property. To see a
list of residences that have been cited (including date of violation
and when warning period ends) click here.
laws and ordinances have been enforced in the past, but the new joint
safety patrols by the University of California Police Department and
the Berkeley Police Department will more efficiently and consistently
address all aspects of unlawful activity and allow for closer coordination
between community partners - the officers, campus leaders, students
and their Berkeley neighbors.
and local law enforcement use this decoy program to detect and deter
alcohol availability to minors who stand outside of liquor stores or
markets and ask adults to buy them alcohol. During the program, a minor
decoy, under the direct supervision of law enforcement officers, solicits
adults outside ABC licensed stores to buy the minor decoy alcohol. Any
person seen furnishing alcohol to the minor decoy is arrested (either
cited or booked) for furnishing alcohol to a minor. If you are 21 or
over, and are caught furnishing alcohol to an underage person, the penalty
is $250 to $1000 fine, a minimum of 24 to 32 hours community service
to a maximum 6 months in county jail. (BPC 25658)
and local law enforcement work side by side in this activity to prevent
minors from purchasing alcohol with fake IDs. "Fake" IDs include
counterfeit and altered IDs as well as IDs that are real, but borrowed
from another person. ABC and local law enforcement use Trapdoor in conjunction
with ABC licensed outlets. The store, bar or restaurant contacts law
enforcement when they have a person with a fake ID at their business.
Since roving teams are in the area, the response time is nearly immediate.
They arrest, interview, and cite the minor or, in extreme cases, take
the minor into custody. If you are under 21 and caught with a fake ID
the penalty is a minimum $250 fine and/or 24-32 hours of community service,
or a maximum of $1000 fine and/or six months in the county jail, PLUS...a
one year suspension of your drivers license. If you don't yet have one,
you'll have to wait an extra year to get one.
Decoy Compliance Checks are when an enforcement officer waits outside
the premises while a person under age 21 attempts to purchase or order
an alcoholic beverage. If the establishment sells alcohol to the young
person, the enforcement officer issues a citation to the seller/server
and the Department of Alcoholic Beverage Control (ABC) may take disciplinary
action against the business where the sale occurred. That may include
a fine, suspension or revocation of the alcoholic beverage license.
Berkeley businesses where Sales of Alcohol to Minors occur receive a
notice to appear before the Oakland office of the ABC. They face increased
penalties for multiple violations. A first time violation may result
in a license suspension of 15 days or a fine of $750 to $3000 (based
on annual sales volume). The vast majority of licensees elect to pay
the fine rather than suspend alcohol sales for fifteen days. A second
sale to a minor within a three year period is an automatic license suspension
of 25 days. A third sale to a minor within a three year period may result
in license revocation.
and servers who illegally sell alcohol to minors in Berkeley receive
a ticket and a notice to appear before the Traffic Division of the Superior
Court of Alameda where their fine is determined. According to Alameda
County bail schedule, the minimum fine is $250 and the maximum is $1000.
1994, the California Supreme court ruled that use of minor decoys was
not entrapment and did not violate due process requirements. The police
and decoys must follow strict guidelines. Regulations require that the
decoy shall: be less than 20 years of age; display the appearance which
could generally be expected of a person under 21 years of age; carry
his or her own identification showing the decoy's correct date of birth
or shall carry no identification; present their identification upon
request to any seller of alcoholic beverages; and answer truthfully
any questions about his or her age.
with information on establishments selling alcoholic beverages to minors
is asked to call Berkeley Police Department at 510-981-5900 or UCPD
at 510-642-6760 or the ABC Oakland Office at 510-622-4975.
Checkpoints and Saturation Patrols
sobriety checkpoints officers evaluate drivers for signs of alcohol
or drug impairment at certain points on the roadway. Vehicles are stopped
in a specific sequence, such as every other vehicle or every fourth,
fifth or sixth vehicle. Saturation patrols are concentrated enforcement
efforts that target impaired drivers by observing moving violations
such as drunk driving, speeding and aggressive driving. In California,
a DUI can cost anywhere between $5,200 to $10,000, including vehicle
towing and storage, increases in auto insurance premiums, fines, court
assessments, DUI classes, attorney fees and more. So regardless of what
you may be celebrating, plan your activities with safety in mind. If
you are using alcohol, don't over drink or over serve. Pace yourself
and don't encourage or force anyone to drink. Whether host or guest,
plan for safe transportation in advance and stick to your plan.
you see someone trying to drive impaired, notify local law enforcement
in the Berkeley area at 510-981-5911. Elsewhere call 911 from your cell
phone and give the location, description, and, if possible, the license
plate number of the vehicle. Don't try to stop, follow or detain the
vehicle - leave that to the officers in the field. Some warning signs
of a drunk driver include straddling lanes or driving on the center
line, driving with headlights off at night, erratic braking or stopping
without cause, slow response to traffic signals, turning wide, almost
striking another vehicle, following too closely and weaving or zigzagging
across the road.