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Alcohol
Laws and Enforcement
Laws and Policies
Enforcement and Accountability
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Noise
Quiet hours in Berkeley are 10pm to 7am seven days a week...in every
neighborhood on every street. If police receive a noise complaint,
the officer initially responds to corroborate the "unreasonable"
noise reported by the person who complained. The criteria include loudness,
pitch, duration, time of day, and necessity of the noise. If the officer
corroborates that the noise is unreasonable: 1st response - warning;
2nd response - up to $100 fine. (BMC 13.40.030)
Public Nuisance
Gathering
If police
are called because of a loud or unruly gathering or party, they will
respond and investigate. If police observe something that makes them
suspect that 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 includes:
- hindering the
quiet enjoyment of significant portion of the neighborhood;
- ten or more
people;
- excessive noise
or traffic;
- obstruction
of public streets by crowds or vehicles;
- public drunkenness;
- serving alcohol
to minors;
- fights or disturbances
of the peace; and/or
- litter.
If it is a public
nuisance violation, you are subject to the Second Response Ordinance
(BMC 13.48.050)
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