Berkeley Municipal Code Ch. 13.36 Disorderly Conduct

*For streets and sidewalks generally, see Title 16 of this code.

It is unlawful for any person to intentionally stand, sit or lie in or upon any street, sidewalk or crosswalk so as to prevent the free passage of persons or vehicles passing over, along or across the same. (Ord. 2795-NS § 1, 1946)

A. Applicability. The accessibility created and related restrictions on stationary dogs and persons lying on the sidewalk imposed by this section shall apply to all commercial sidewalks between 7:00 a.m. and 10:00 p.m. Monday through Saturday, and between 10:00 a.m. and 6:00 p.m. on Sundays and holidays. Commercial sidewalks as used in this section means all sidewalks in front of or adjoining any property designated on the City’s Official Zoning Map appended to the City’s Zoning Ordinance with a "C" prefix, which are listed on the Map as General Commercial, Central Commercial, Elmwood Commercial, North Shattuck Commercial, South Area Commercial, Solano Avenue Commercial, Telegraph Commercial, and West Berkeley Commercial.

B. Sidewalk Accessibility Created--Regulation of Stationary Dogs and Persons Lying On Commercial Sidewalks. This section is designed to create accessible areas on commercial sidewalks in order to ensure that the public can move freely about such sidewalks. To accomplish this end, the following prohibitions shall apply to commercial sidewalks:

1. No person shall lie upon a commercial sidewalk or upon any object on such sidewalk.

2. No more than two stationary dogs shall be permitted in any ten-foot area on a commercial sidewalk, except for guide dogs, signal dogs, or service dogs, as provided by state law.

C. Exceptions. The prohibition in subsection (B)(1) shall not apply under the following circumstances:

1. To any person lying down on a commercial sidewalk due to a medical emergency.

2. To any person utilizing an object, placed on a commercial sidewalk by the City or other public agency, in the manner in which it is intended, such as sitting on a bus stop bench or downtown plaza benches.

Nothing in any of these exceptions shall be construed to permit any conduct which is prohibited by any other provision of law. Nor shall anything in this ordinance be construed to prohibit the City from exercising its prosecutorial discretion to create tailored amnesty programs to allow persons to obtain necessary City permits.

D. Authority to Disperse Stationary Dogs in Excess of Ceiling, in Violation of Ceiling when Voluntary Compliance Declined. Whenever more than two stationary dogs are within a ten-foot area of a commercial sidewalk, the persons in control of them shall be informed of the ordinance’s requirements limiting the number of stationary dogs. Unless the persons in control of all stationary dogs cumulatively exceeding the ceiling required by this ordinance voluntarily limit the number of stationary dogs to that ceiling, they may be required to remove those stationary dogs.

E. Necessity of Warning Prior to Citation. No person may be cited for a violation of this ordinance until that person has first been warned that their conduct is in violation hereof.

F. Violation--Infraction or Misdemeanor. Violation of this section shall be either an infraction or a misdemeanor, in the discretion of the prosecutor. (Ord. 7008-NS § 1, 2007; Ord. 6531-NS § 1, 2000; Ord. 6466-NS §§ 1--3, 5, 1998)

It is unlawful for any person to intentionally stand, sit or lie in, on or at any driveway, entrance or exit of any church, hall, theater, place of public assembly, store, business, plant, industry, private residence or private property so as to prevent the free passage of persons or vehicles to or from the same. (Ord. 2795-NS § 2, 1946)

It is unlawful for any person to intentionally place or maintain anything or to assist in placing or maintaining anything in, on or at any driveway, entrance or exit of any church, hall, theater, place of public assembly, store, business, plant, industry, private residence or private property so as to prevent the free passage of persons or vehicles to or from the same. (Ord. 2795-NS § 3, 1946)

A. It is unlawful for any person to lie in or on the walls of a City-owned planter that is located in the right-of-way. This subdivision shall not apply under the following circumstances:

1. To any person lying down due to a medical emergency.

2. To any person utilizing an object, placed on a commercial sidewalk by the City or other public agency, in the manner in which it is intended, such as sitting on a bus stop bench or downtown plaza benches.

B. It is unlawful for any person to place or cause to be placed any object in or on any City-owned planter or tree well.

C. It is unlawful for any person to affix any object other than a bicycle, or a pet leash to the extent permitted under Section 10.12.110, to any City-owned tree guard, newspaper rack, planter, parking meter or parking pay station in the public right-of-way.

D. It is unlawful for any person to affix anything other than a bicycle or tricycle to a bike rack in the public right-of-way.

Nothing in these exceptions shall be construed to permit any conduct which is prohibited by any other provision of law.

E. No person may be cited for a violation of this Section until that person has first been warned that their conduct is in violation hereof.

F. Violations of this Section shall be charged as infractions, and not as misdemeanors. (Ord. 7450-NS § 1, 2015)

A. It is unlawful for any person to knowingly interfere with, disrupt, or obstruct a public officer or other person who is performing authorized work, maintenance, or a public service on public property or private property adjacent to the public right of way.

B. Definitions. For purposes of this section:

"Interfere with, disrupt, or obstruct" means and includes, but is not limited to, refusing to move from an area of property that is to be cleaned, spitting at persons, attempting to eavesdrop on confidential conversations between public service providers and clients, acting in any manner which would cause a reasonable person to fear for their own safety. Factors to be weighed in determining whether the behavior would cause a reasonable person to fear for their own safety include but are not limited to the making of threatening gestures, the proximity of the aggressor to the person, the duration of the contact, making physical contact with the person.

"Public officer" means all employees or agents of any public entity, but shall not include peace officers.

"Public right-of-way" means that all streets, sidewalks, pathways and alleys dedicated to and accepted by the City, as well as all other property acquired for purposes of public use under Civil Code Section 1009 or any property impliedly dedicated or licensed for such use.

"Public service" means and includes, but is not limited to, refuse collection; street cleaning; sidewalk cleaning; graffiti abatement; sign repair; building maintenance or repair; homeless outreach and mobile crisis services; and regulatory licensing inspections and enforcement. (Ord. 6453-NS § 1, 1998)

It is unlawful for any person to fail or refuse to comply with any reasonable rule or order of the Council governing the conduct of its meetings, or any reasonable order of the Mayor or other person acting as President of the Council, whether the Council is holding a regular or special meeting as the governing body of the City. (Ord. 3083-NS § 1, 1949; Ord. 2795-NS § 4.1, 1946)

A. Purpose. The purpose of this section is to enable the City Manager to establish building security rules for buildings that the City of Berkeley owns or leases for City government business or services. The City Manager’s building security rules will be designed to maintain the safety of City employees and patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to City facilities. The City Manager’s building security rules may apply to all City buildings, as defined in this section, or only to specific City buildings, depending on the security needs at each site.

B. Definitions. "City building" as used in this section means any building that the City of Berkeley owns or leases for the purpose of conducting City government business or providing City services. If only a part of the interior of a building is leased by the City for City government business or services, then "City building" shall apply to only that part of the interior of the building. In addition, if only a part of the interior of a building is leased by the City for City government business or services, then "City building" shall also include the entire exterior curtilage of the building, unless the building owner or occupant authorizes the conduct prohibited by this section on the exterior curtilage.

"Curtilage" as used in this section means the exterior grounds of a building. "Curtilage" shall include the steps and grounds that lie between the outer facade of the building and either (1) the public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage does not include the public sidewalk or a formally dedicated public park, but rather, ends there.

C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing any City building. The City Manager’s building security rules shall promote safety for City employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage to City facilities. The City Manager’s building security rules shall include, but need not be limited to, prohibiting persons from: (1) entering designated areas that are not open to the general public inside of City buildings without permission from a City employee or agent, and (2) remaining inside of or on the curtilage of a City building without a purpose related to either conducting business, accessing services, or contacting an occupant on the premises.

D. Citation. No person shall be arrested or cited under this section unless the person engages in conduct prohibited by this section after having been notified by a City official that they are in violation of the prohibition in this section.

E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)

A. It is unlawful for any person to partake of any spirituous, malt, vinous, or alcoholic liquors or other alcoholic beverages in or on any park, playground, or community house, or in an automobile while said automobile is on any alley, street, or highway, or on public or private property which is open and accessible to the general public or open to public view.

B. It is also unlawful to possess a previously opened alcoholic beverage container that still contains an alcohol beverage in any public place owned or controlled by the City, or in any recreation and park district, regional park, or open space district within the City.

C. Exceptions to this section are as follows:

1. The consumption of wine or beer may be allowed in community houses during hours when they are normally closed to the general public subject to rules promulgated by the City Manager;

2. The consumption and/or sale of wine, champagne and beer may be allowed at events permitted pursuant to Chapter 6.46 of 13.44; and

3. The consumption and/or sale of wine, champagne and beer may be allowed in open air restaurants and cafes which are open to public view, whether located on private or public property, if and to the extent permitted by state and local laws and ordinances, including the Berkeley Zoning Ordinance.

D. This section shall only be enforced solely as an infraction. (Ord. 7149-NS § 1, 2010; Ord. 6579-NS § 3, 2000; Ord. 6301-NS § 1, 1995; Ord. 5660-NS § 1, 1985; Ord. 5267-NS § 1, 1980; Ord. 5232-NS § 1, 1980; Ord. 2795-NS § 6, 1946)

A. Prohibited conduct. No person who has in their possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed premises. Any person violating this provision shall be guilty of an infraction.

B. Required posting of signs. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the City of Berkeley shall post such licensed premises with permanent signs clearly visible to: (1) the patrons of the licensee; (2) persons using the parking lot immediately adjacent to the licensed premises; and (3) to persons on the public sidewalk immediately adjacent to the licensed premises, that the provisions of subsection A. are applicable. Such signs shall include language that states that possession of any opened alcoholic beverage container outside the store is prohibited by law. Any licensee who does not so post the required signs is guilty of an infraction.

C. Definitions.

1. As used in subsection A., "posted premises" means those premises which are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subsection B.

2. As used in this section, "parking lot immediately adjacent to the licensed premises" means any parking lot which is contiguous to the licensed premises and is utilized by the patrons of the licensed premises.

D. Severability. The subsections of this section are severable. The invalidity of a section or subsection shall not affect the validity of the remaining sections or subsections.

E. Non-Exclusivity. Nothing in this section shall affect or preclude the enforcement of other laws regulating the possession of opened alcoholic beverages in public places or places open to the public. (Ord. 5976-NS §§ 1--6, 1990)

It is unlawful for any person to partake of any spirituous, malt, vinous or alcoholic liquors or other alcoholic beverages, in any place open or accessible to the general public, which is not licensed to permit such consumption on such premises, or for the owner, manager or person in charge of such premises to permit such consumption. (Ord. 2795-NS § 5, 1946)

A. No person may urinate or defecate:

1. In a public place;

2. In a place open to the public or exposed to public view;

3. In a private place entered without consent of the owner, their agent, or the person in lawful possession thereof.

B. For purposes of this Section, "public place" means and includes, but is not limited to, any street, park, pier, beach, restaurant, cafe, theater, store, building playground, school ground recreational area or other place to which the public is invited or has access or any place open to the public view.

C. This Section shall not apply to urination or defecation in any fixture provided for such purposes in any bathroom, restroom, dressing room, or similar facility.

D. No person may be cited for a violation of this Section until that person has first been warned that their conduct is in violation hereof.

E. Violations of this Section shall be charged as infractions, and not as misdemeanors. (Ord. 7448-NS § 1, 2015)

It is unlawful for any unauthorized or unlicensed person, to solicit or to cause the solicitation of any person over the age of eighteen years old for the sale, purchase or transfer of a controlled substance without prescription in a public place or in any place open to the public or exposed to public view. The term controlled substance shall mean all substances included within Health and Safety Code Section 1100F. (Ord. 5453-NS § 2, 1982)

Except as provided herein, any person who shall be convicted of a violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 1.20 of this code. Provided, further, that a person who violates any provision of Berkeley Municipal Code Section 13.36.070 shall be charged with either a misdemeanor or an infraction and shall upon conviction be punishable as set forth in Chapter 1.20 of this code. (Ord. 6372-NS § 1, 1997; Ord. 5962-NS § 1, 1989; Ord. 5453-NS § 1, 1982; Ord. 2795-NS § 7, 1946)