San Marcos, CA Homelessness & Encampment Rules: Encampment Sanitation (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.
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?
How much notice does the City give before removing a homeless encampment's belongings?
What happens to belongings the City removes from an encampment?
Can someone camp along San Marcos Creek?
Sources & Official References
Other rules in San Marcos
California rules heatmap·Compare San Marcos to another location·View the California homelessness & encampment rules overview
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