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Hercules, CA Sign Regulations: Political Signs (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Public political signs
Only at Council-designated locations
Private sign message swap
Allowed anytime, owner's consent
Permit for substitution
None, if structure already legal
Content rule
Message-neutral, no favoritism
Governing sections
§ 13-34.100(4)-(5), § 13-34.600(3)

Summary

Hercules treats political signs as noncommercial speech: on public property, temporary noncommercial signs may go up only at locations the City Council designates by legislation, while on private property owners can swap any legal sign's message for a political one anytime, without a permit, under a content-neutral substitution right.

4. Message Neutrality. It is the City's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions, which are content neutral as to noncommercial speech and do not favor commercial speech over noncommercial speech. 5. Message Substitution. Subject to the property owner's consent, a noncommercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any noncommercial message; provided, that the sign structure or mounting device is legal, without consideration of message content. Such substitution of message may be made without additional approval or permitting. ... Message substitution is a continuing right which may be exercised any number of times. ... 3. Temporary Noncommercial Signage. Temporary noncommercial signs are allowed to be displayed only on prescribed public locations identified and adopted through legislation by the City Council.

View official code

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

600(3) confines temporary noncommercial signage, the category covering political and campaign signs, to prescribed public locations that the City Council identifies and adopts through legislation; a resident or campaign cannot post one wherever they like on City property or the public right-of-way. 100's message policies instead. Subsection (4) commits the City to message neutrality, applying the sign code content-neutrally to noncommercial speech and never favoring commercial speech over noncommercial speech. Subsection (5) then creates a continuing message-substitution right: with the property owner's consent, a noncommercial message of any category, including a political one, can be substituted in whole or in part for any allowed commercial or other noncommercial message, as long as the underlying sign structure or mounting device is already legal, and the substitution can be made repeatedly without additional approval or permitting.

That right does not let anyone increase the total sign area on a site, swap in an off-site commercial message, escape the requirement that the physical structure be properly permitted, or change the sign's physical display method, such as adding digital or neon components, without a permit.

Violations & Fines

A political sign placed on public property outside a Council-designated location is treated the same as any other unpermitted sign: Section 13-34.205 lets the Chief Building Official require removal within 30 days of notice, and Section 13-34.207 authorizes the City Attorney to pursue a public nuisance action for a sign that stays up in violation of Chapter 13-34, in addition to permit revocation for signs installed under a program.

Frequently Asked Questions

Can I put up a campaign sign anywhere in Hercules?
On City-owned public property, no. Section 13-34.600(3) limits temporary noncommercial signage, which covers political signs, to specific public locations the City Council designates by legislation, so you can't plant one on any public right-of-way you choose.
Can I swap a For Sale sign for a political sign on my own property?
Yes. Section 13-34.100(5) gives property owners a continuing right to substitute any noncommercial message, including a political one, for a commercial message on an already-legal sign structure, with the owner's consent and no extra permitting.
Does the City favor one political viewpoint's signs over another's?
No. Section 13-34.100(4) requires the sign code to apply message neutrality, treating noncommercial speech content-neutrally and never favoring commercial speech or one noncommercial message over another.

Sources & Official References

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