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San Marcos, CA Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

Governing chapter
SMMC Chapter 10.33, adopted Ord. 2024-1546
Core prohibition
Camping/encampments on public property banned
Minimum removal notice
At least 24 hours before removal
Property storage period
Held at least 90 days before disposal
Penalty class
Misdemeanor under Section 10.33.150
Waterway rule
No camping/structures along San Marcos Creek banks

Summary

San Marcos bans camping or building an encampment on any city-owned property at any time under Municipal Code Chapter 10.33, unless the City authorizes it in writing. Violations are misdemeanors, and the City treats any encampment as a public nuisance subject to abatement and removal.

10.33.130 - Unauthorized Encampments on Public Property. It is unlawful for any person to Camp, or to build or maintain an Encampment, in or upon Public Property at any time, unless specifically authorized by the City, in writing. 10.33.170 - Notice and Removal of Personal Property in Public Areas. (a) Notice and Removal... The time frame that the property owner has to relocate the Personal Property. Such time frame shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare... if Personal Property is removed pursuant to this section, then such Personal Property may be subject to disposal by the City pursuant to this section after 90 days from the date of removal.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).

Full Breakdown

130 makes it unlawful for any person to camp, or to build or maintain an encampment, on Public Property (streets, alleys, parking lots, sidewalks, parks, open space, waterways, rights-of-way, parkways and easements) at any time unless the City specifically authorizes it in writing. 110 to include residing on, occupying or storing personal property on public land, including tents, makeshift shelters, or any vehicle used for habitation, whether or not it is operable. 160 declares any encampment established in violation of the chapter a public nuisance that the City is authorized to abate and remove.

120 separately bars camping, erecting structures, driving nails into vegetation, moving rocks, or storing waste along the banks of any Waterway. 135 additionally prohibits camping while possessing an ignition source (lighters, camp stoves, generators) on public property, reflecting a 2025 amendment (Ord. No. 2025-1565) aimed at wildfire risk from encampments. 170, an authorized City employee, contractor, or the County Sheriff's Department must post or leave written notice giving the property owner at least 24 hours to relocate belongings, unless the property poses an immediate threat to public health or safety, in which case the deadline can be shorter.

The notice must state the cleanup date, storage location, how to reclaim items, and a phone number for information. Removed property is inventoried and held for at least 90 days before the City may dispose of it, except trash, perishables, contraband, or evidence, which may be disposed of immediately without notice.

Violations & Fines

Camping or maintaining an encampment on public property without written City authorization is a misdemeanor under Section 10.33.150, prosecutable subject to the fines and custody provisions of Section 1.12.010. Encampments are also declared public nuisances (10.33.160) that the City can abate directly. Unauthorized fire activity or possessing an ignition source while camping under 10.33.135 is a separate violation. Property removed under 10.33.170 that goes unclaimed after 90 days is subject to disposal.

Frequently Asked Questions

Is it illegal to sleep outside on public property in San Marcos?
Yes. Section 10.33.130 makes it unlawful to camp or build an encampment on any Public Property at any time unless the City authorizes it in writing. "Camp" covers using a tent, vehicle, or personal belongings to live or shelter outdoors, so unauthorized sleeping setups on sidewalks, parks, or rights-of-way violate the chapter.
How much notice does the City give before removing a homeless encampment's belongings?
Under Section 10.33.170, the City or its contractors must post written notice giving the property owner at least 24 hours to relocate belongings before removal, unless the property creates an immediate threat to health or safety, which can shorten that window. The notice must list the storage location and reclaim procedure.
What happens to belongings the City removes from an encampment?
Section 10.33.170(c) requires the City to inventory and store removed personal property for at least 90 days unless the true owner claims it sooner. Trash, perishable items, contraband, or items posing an immediate safety threat may be disposed of immediately without the 90-day hold.
Can someone camp along San Marcos Creek?
No. Section 10.33.120 separately bans camping, building structures, driving nails into vegetation, moving rocks, or storing waste along San Marcos Creek and its tributaries and drainage culverts, in addition to the citywide encampment ban in Section 10.33.130.

Sources & Official References

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