The purpose of this Chapter is to protect public and private property within the City from blight and the destruction and waste that accompanies unregulated camping due to lack of proper health and safety accommodations. It is enacted to prevent degradation of public and private lands and assure that such lands can be utilized for their intended purpose. The City Council enacts this Chapter in accordance with the authority granted to cities by Article XI of the California Constitution and California Government Code Section 37359.
(Ord. 493 § 3 (part), 2016)
As used herein, "camping" is defined as residing in or using any public or private property for one (1) or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware and similar material), or making any fire or using any tents, regularly cooking meals, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using public or private property as a living accommodation for one (1) or more nights, with intent to camp.
(Ord. 493 § 3 (part), 2016)
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.
(Ord. 493 § 3 (part), 2016)
(a) 
Camping on private property in violation of this Section is hereby declared to be a public nuisance. Except as otherwise provided in this section, it is unlawful to camp or squat upon private property within the City. No person shall set up tents, shacks, campers or any other temporary or permanent shelter for the purpose of overnight camping or squatting, nor shall any person leave upon any private property any movable structures or special vehicle to be used or that could be used for such a purpose, such as a tent, cart, automobile, 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.
(b) 
Exceptions. This Section shall not apply to persons camping upon their own land or camping with the owner of the land, or to persons camping with the consent of the owner of the land; provided, that such consent is verified upon demand of any peace officer; and provided, that all local zoning ordinances of the City and County are met and all State and County health and sanitation requirements are complied with. This Section shall not apply to persons lawfully camping within campgrounds or trailer parks specifically designated and/or approved for such use pursuant to the zoning ordinance of the City.
(Ord. 493 § 3 (part), 2016)
A person violating any of the provisions of this Chapter is guilty of an infraction and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($100.00). A second and any additional offense within a period of one (1) year may be charged as a misdemeanor and if charged as a misdemeanor shall be punishable by fines not exceeding one thousand dollars ($1,000) and not less than five hundred dollars ($500.00) or six (6) months in jail, or both. The penalties herein are not exclusive, so that a person violating any of the provisions of this Chapter is subject to any other applicable fines and penalties, including but not limited to civil penalties and administrative citations.
(Ord. 493 § 3 (part), 2016)