Hercules, CA Public Conduct: Loud Party Ordinance (2026)

Chapter 13 of the Hercules Municipal Code targets underage drinking parties directly. Sec. 03 makes it a misdemeanor to permit, allow, or host a party, gathering, or event, at a residence or any location the host controls, where five or more people under 21 are present and alcohol is in the possession of, or being consumed by, anyone under 21, punishable under the general misdemeanor penalty at Sec. 01. Separately, Sec. 04 creates a cost-recovery mechanism for any party, gathering, or event, public or private, alcohol-related or not, where a police officer on scene determines there is a threat to public peace, health, safety, or welfare.

The 'person responsible' includes whoever owns, rents, leases, or controls the premises and whoever organized the event; if that person is a minor, the parent or guardian is jointly and severally liable. The City must give a first warning before any liability attaches; only a subsequent response after that warning triggers the fee. Threats that count include failing to stop a fight, loud or unreasonable noise, offensive fighting words, rioting or violence, or other unlawful acts after a lawful police order, or simply failing to disperse the gathering when ordered.

Sec. 05 sets the police services fee at the department's actual cost of officer time, equipment, and any injury-related medical costs, with an anticipated range of $75 to $1,000 per event, collectible as a debt to the City including court costs and attorneys' fees if the City has to sue for it.