Hercules, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- HMC Section 5-6.109
- Buffer from entrances/vents
- 25 feet
- Apartment common-area smoking zone cap
- 25% of area
- Enforcing agency
- City Manager, Health/Fire Dept.
- Infraction fine range
- $100 to $500
- Private residence exemption
- Yes, Sec. 5-6.112
Summary
Hercules bans smoking in most outdoor public places, not just indoors. City Code Section 5-6.109 prohibits lighting up within 25 feet of building entrances, at parks, playgrounds, transit stops, service lines and outdoor dining, and bans it entirely in apartment common areas beyond a small designated zone.
Sec. 5-6.109. Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Within a reasonable distance of twenty-five (25) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent smoke from entering those areas. (b) On all outdoor property that is adjacent to buildings owned, leased, or operated by the City and that is under the control of the City. (c) In, and within twenty-five (25) feet of, outdoor seating or serving areas of restaurants and bars. (d) In outdoor shopping malls, including parking structures. (e) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within twenty-five (25) feet of, bleachers and grandstands for use by spectators at sporting and other public events. (f) In outdoor recreational areas, including parking lots.
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
109 of the Hercules Municipal Code lists eleven categories of outdoor places where smoking is prohibited: within 25 feet of entrances, windows and vents of smoke-free buildings; on City-owned outdoor property; in and within 25 feet of restaurant and bar patios; in outdoor shopping malls and parking structures; in outdoor arenas, stadiums and amphitheaters (and within 25 feet of bleachers); in recreational areas and their parking lots; within 25 feet of playgrounds and public events; within 25 feet of public transportation stops under City authority; and within 25 feet of vehicle service lines such as bank tellers and toll booths.
Outdoor common areas of apartments, condos, trailer parks and nursing homes are also smoke-free except in a designated area capped at 25% of the common area, itself set back 25 feet from entrances and windows. 112 carves out private residences unless used as child care, adult day care or health care. 116 puts enforcement in the hands of the City Manager or a designee, lets the Health or Fire Department check compliance during routine inspections, and lets any resident file a complaint or bring a private legal action for injunctive relief.
117, a violator faces the Code's general administrative citation and infraction penalties in Chapter 1-4, and a business owner who lets smoking continue risks suspension or revocation of its City permit or license; the violation is also declared a public nuisance abatable by the City Attorney, with each day of violation counted separately.
Violations & Fines
Violating Section 5-6.109 exposes an individual to an administrative citation or infraction under Chapter 1-4, which sets fines up to $100 for a first offense, $200 for a second within a year, and $500 for a third or later offense in that year. A business, landlord or event operator that fails to stop smoking on its premises can also lose its City-issued permit or license and be prosecuted as a public nuisance, with the City Attorney authorized to seek an injunction and recover abatement costs; every day the violation continues is a separate offense.
Frequently Asked Questions
Can I smoke on a restaurant patio in Hercules?
Is smoking allowed in a City park in Hercules?
Who enforces the Hercules outdoor smoking ban?
Can I smoke on my own apartment balcony in Hercules?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California public conduct overview
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