Hercules, CA Homelessness & Encampment Rules: Encampment Sanitation (2026)
Key Facts
- Camping banned on
- Public and private property citywide
- Legal characterization
- Public nuisance and trespass
- Statutory basis
- Gov. Code §37359
- 1st offense
- Infraction, fine up to $100
- Repeat offense (1 yr)
- Misdemeanor, $500-$1,000 or 6 months jail
- Private-property exception
- Own land or owner's verified consent
Summary
Hercules bans camping outright on public property citywide, declaring it a public nuisance and a trespass under state law. The ban reaches streets, parks, creek beds, vacant lots and utility yards alike, with repeat violations exposed to misdemeanor jail time.
Camping on public property in violation of this Section is hereby declared to be a public nuisance. Except as may be allowed by permit, it is unlawful to camp or squat upon any public property owned by the City of Hercules, including, without limitation, streets, highways, medians, easements, parks, dump sites, vacant lots, open space, wetlands, creek beds, electric utility substations, parking lots, or corporation yards. No person shall set up tents, shacks, house trailers, motor homes, campers or any other temporary or permanent shelter for the purpose of overnight camping or squatting, nor shall any person leave in any such place any movable structure or special vehicle to be used or that could be used for such a purpose, such as a house trailer, tent, automobile, cart, or the like. Any person violating the provisions of this Section is guilty of a trespass pursuant to the provisions of California Government Code Section 37359.
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 3 of Title 11 of the Hercules Municipal Code, added by Ordinance 493 in 2016, prohibits camping on both public and private property in the City. 02 defines 'camping' broadly to include sleeping, laying down bedding, storing belongings such as sleeping bags or cookware, building a fire, using a tent, cooking meals, or living in a parked vehicle for one or more nights. 03 declares camping on public property a public nuisance and bans it on any City-owned property including streets, highways, medians, parks, vacant lots, wetlands, creek beds, electric utility substations, parking lots and corporation yards, absent a permit; violators are guilty of trespass under Government Code Section 37359.
04 extends the nuisance-and-trespass ban to private property, but exempts a person camping on their own land or with the landowner's verified consent, provided all City and County zoning, health and sanitation requirements are met, and it exempts lawfully designated campgrounds or trailer parks. 05 sets penalties separately from the general trespass charge.
Violations & Fines
A first violation is an infraction punishable by a fine not exceeding $100. A second or later offense within one year may be charged as a misdemeanor, punishable by a fine of not less than $500 and not more than $1,000, or up to six months in jail, or both, in addition to any other civil penalties or administrative citations under Section 11-3.05.
Frequently Asked Questions
Is it illegal to camp in public in Hercules, California?
Can Hercules police clear an encampment from a creek bed or vacant lot?
What is the penalty for illegal camping in Hercules?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California homelessness & encampment rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Encampment Sanitation in Nearby Cities
How other cities in Contra Costa County handle encampment sanitation.