Hercules, CA Noise Ordinances: Vehicle Noise (2026)
Key Facts
- Governing section
- Municipal Code Sec. 4-5.05
- State standard incorporated
- Vehicle Code Sec. 38280
- Cutouts/bypass devices
- Prohibited outright
- Muffler violation penalty
- Infraction
- Related use violation penalty
- Misdemeanor, $250-$1,000 fine
Summary
Hercules Municipal Code Section 4-5.05 requires motorcycles, motor-driven cycles, motorized bicycles and off-highway vehicles operating off improved streets to run an adequate, properly maintained muffler meeting state Vehicle Code Section 38280, with cutouts and bypass devices banned outright.
Sec. 4-5.05. Mufflers. It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, motorized bicycle or off-highway motor vehicle as such vehicles are defined in Sections 400, 405, 406 and 38012, respectively, of the Vehicle Code of the State of California upon any public or private property which is not an improved public street or highway or an improved private street constructed in accordance with City of Hercules standards and approved by the City, unless said motorcycles, motor-driven cycles, motorized bicycles or off-highway motor vehicles are at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38280 of the Vehicle Code of the State of California as the same now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
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
01 finds that such use causes noise, dust, exhaust fumes, erosion and fire risk that harms residents' health, safety and quiet enjoyment. 05 folds noise control into that scheme: any motorcycle, motor-driven cycle, motorized bicycle or off-highway motor vehicle driven on public or private property that is not an improved, City-approved street must at all times carry an adequate muffler in constant operation and properly maintained so it meets Vehicle Code Section 38280, and no muffler or exhaust system may carry a cutout, bypass, or similar device that defeats it.
02 clarifies the chapter does not apply where the Vehicle Code or another state statute already preempts the field, such as ordinary street riding. 04 exempts emergency and government vehicles and owners, residents, tenants or their authorized visitors riding on their own property, plus use permitted under a City use permit or the zoning regulations. 03 is a misdemeanor punishable by a fine of $250 to $500, rising to imprisonment up to six months or a fine of $500 to $1,000 (or both) for refusing to leave after a peace officer's order, or for a second or subsequent offense.
Violations & Fines
Operating a motorcycle, motorized bicycle, or off-highway vehicle off an improved street without an adequate, properly maintained muffler meeting Vehicle Code Section 38280, or with a cutout or bypass device installed, is an infraction under Section 4-5.05 and 4-5.07; the related unauthorized-use offense in Section 4-5.03 is a misdemeanor with escalating fines up to $1,000 and up to six months in county jail for repeat violations.
Frequently Asked Questions
Do off-road bikes need a muffler in Hercules?
Are exhaust cutouts legal on off-road vehicles in Hercules?
What's the penalty for an unmuffled off-road vehicle in Hercules?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California noise ordinances overview
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