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Hercules, CA Business Licensing & Operations: Towing Companies (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sign size required
22 x 17 inches, one-inch letters, all entrances
Removal authority
Police officer, property owner, or authorized agent
Notice requirement
Owner notified per state Vehicle Code after removal
Wrongful-tow liability
Complainant pays towage/storage if car was rightfully parked
Violation class
Infraction under Sec. 4-6.08

Summary

Hercules lets a property owner or police officer tow any vehicle parked without consent on private property, but only if the lot is posted with a 22-by-17-inch sign in one-inch letters listing the Department of Public Safety Services phone number. The towing garage holds a lien for towage and storage costs, and whoever ordered a wrongful tow pays the bill instead of the vehicle's owner.

It is unlawful for any person to park a motor vehicle upon any private property, or upon property used for private parking purposes, without the consent of the owner of such property, the person entitled to the possession thereof for the time being or the authorized agent of either, provided that signs specifying conditions under which parking is permitted or prohibited shall have been posted in plain view at all entrances to such property. Such signs shall be twenty-two (22) inches by seventeen (17) inches, with one (1) inch letters, stating that illegally parked cars may be removed at the owner's expense and also providing the telephone number of the Department of Public Safety Services. ... The keeper of any garage in which any vehicle is stored in accordance with the provisions of this chapter shall have a lien thereon for his compensation for towage, and for caring for and keeping safe such vehicle, and may satisfy such lien upon compliance with and under the conditions stated in the Vehicle Code of the state.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).

Full Breakdown

Chapter 6 of the Hercules Municipal Code (Secs. 08) governs vehicles parked on private property without consent; Hercules regulates the removal process itself rather than issuing separate tow-company licenses. Under Sec. 01, parking on private property without the consent of the owner, the person entitled to possession, or an authorized agent is unlawful, but only where the property has posted signs at every entrance meeting the code's exact specifications: twenty-two by seventeen inches, one-inch lettering, stating that illegally parked cars may be removed at the owner's expense, and printing the Department of Public Safety Services phone number.

Signs must be approved by that department both for wording and placement before a tow is valid. Once posted, Sec. 02 lets any Hercules police officer cite the vehicle's owner or driver, and Sec. 03 lets a police officer, the property owner, or an authorized agent remove the vehicle. Sec. 04 allows removal to the nearest garage, another place of safety, or a city-designated garage, and Sec. 05 requires the remover to notify the vehicle's owner as the state Vehicle Code requires. Sec. 06 gives the garage keeper a lien on the vehicle for towage and storage charges, satisfied under Vehicle Code procedures.

Sec. 07 flips liability if the tow was wrongful: if the vehicle was rightfully parked there, the complainant or the person who ordered the removal, not a police officer, owes all towing and storage charges instead of the vehicle owner. Sec. 08 makes violating the parking prohibition itself an infraction.

Violations & Fines

Parking without consent on a posted lot is an infraction under Sec. 4-6.08. There is no set fine schedule in this chapter; standard Title 1 infraction penalties apply. The bigger financial exposure runs the other way: under Sec. 4-6.07, a property owner, agent, or complainant who has a rightfully parked vehicle towed is personally liable for the full towage and storage charges the garage keeper's lien would otherwise place on the vehicle owner.

Frequently Asked Questions

Can my landlord tow my car from a Hercules apartment lot?
Only if the property has posted the required sign at every entrance: 22 by 17 inches, one-inch letters, stating cars may be removed at the owner's expense and listing the Department of Public Safety Services phone number. Without that exact posting, Sec. 4-6.01 does not authorize removal, and the person who orders the tow anyway risks liability under Sec. 4-6.06's garage keeper's lien.
What happens if I'm towed but I had permission to park there?
Under Sec. 4-6.07, if the vehicle was rightfully on the property, the person who complained about it or ordered the removal, not you, is liable for all towage and storage charges the garage keeper's lien would otherwise assess. You can dispute the tow with the garage and pursue the person who caused the wrongful removal for those costs.
Where does the tow truck take my car?
Sec. 4-6.04 lets whoever removes the vehicle take it to the nearest garage, another place of safety, or a garage the City of Hercules designates or maintains. The garage keeper then holds a lien on the vehicle under Sec. 4-6.06 for towage and storage costs until those charges are paid or resolved under the state Vehicle Code.

Sources & Official References

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