Hercules, CA Fire Regulations: Outdoor Burning (2026)

Section 5-2.05 of the Hercules Municipal Code states plainly that 'it shall be unlawful for any person to burn any solid waste within the City, except as authorized by the City Manager.' The rule sits inside Chapter 2 of Title 5 (Mandatory Garbage/Solid Waste Disposal), the same chapter that bars keeping solid waste on a property more than seven days (Sec. 5-2.02) and bars dumping it on streets or in sewers (Secs. 5-2.03, 5-2.04), so burning is treated as one more prohibited disposal method rather than a stand-alone fire code rule. There is no permit form or fee schedule printed in the chapter; authorization runs through the City Manager's office case by case, and absent that sign-off, burning any solid waste anywhere in city limits is flatly prohibited.

Enforcement runs through Sec. 5-2.21, which makes violation of any provision in the chapter an infraction subject to Chapter 1-4, allows enforcement by administrative citation, and separately deems chapter violations a public nuisance. The City Manager may designate another Enforcement Officer to write citations. Under Sec. 5-2.21(f), the base penalty is $100 for a first violation, $200 for a second, and $500 for a third or subsequent violation, and Sec. 1-4.01(b) treats each day a violation continues as a separate offense, so an unauthorized burn left smoldering can generate multiple fines. The City may also pursue a civil action in state court under Sec. 5-2.21(e) in addition to citations and nuisance abatement.