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San Marcos, CA Public Conduct: Jaywalking (2026)

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

Key Facts

Governing section
SMMC 12.24.040
Who designates crossings
Traffic Commission
Prerequisite
Report from City Traffic Engineer
Enforceable only after
Signage is posted
First adopted
Ordinance No. 2007-1291

Summary

San Marcos lets its Traffic Commission designate specific mid-block locations where crossing is prohibited, and once that stretch is posted under SMMC 12.24.040, crossing there between the marked intersections becomes a citable offense rather than a general city-wide jaywalking ban.

(a)Crossing of roadways between intersections that are not controlled by either traffic control signal devices or by police officers may be prohibited by action of the Traffic Commission. Prior to designation of such a prohibited crossing, the Traffic Commission shall consider a report from the City Traffic Engineer.(b)Upon designation of a prohibited crossing by the Traffic Commission as provided in Section 12.24.040(a), the affected roadway shall be posted with signage informing persons that crossing between the applicable intersections is prohibited.(c)It shall be unlawful for any person to cross a roadway that has been designated as a prohibited crossing by the Traffic Commission and posted pursuant to Section 12.24.040(b).

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

040 does not outlaw mid-block crossing everywhere; it creates a case-by-case designation process. Subsection (a) authorizes the Traffic Commission to prohibit crossing of roadways between intersections that are not controlled by a traffic signal or a police officer, but only after the Commission first considers a report from the City Traffic Engineer recommending that specific stretch. Subsection (b) requires the City to post signage on the affected roadway once a crossing is designated, telling pedestrians that crossing between those particular intersections is prohibited; the prohibition is not enforceable at a given location until that sign goes up.

Subsection (c) then makes it unlawful for any person to cross a roadway that has been both designated by the Traffic Commission and posted with the required signage under subsection (b). 030, which separately bars standing or sitting on a crosswalk, street, or Public Place so as to obstruct free passage. Because the ban is tied to Traffic Commission action and physical signage rather than a blanket municipal rule, a San Marcos pedestrian crossing an unmarked, unposted street between intersections is not automatically violating this section; only stretches the Commission has formally designated and the City has posted are off-limits. The current version traces to Ordinance No. 2007-1291 and was carried forward by the 2024 recodification, Ordinance No. 2024-1544.

Violations & Fines

Crossing a roadway stretch the Traffic Commission has designated and posted under Section 12.24.040(b) is unlawful and enforced as a Municipal Code infraction under Section 1.12.010. A first through third violation within one year is an infraction with a fine set by the City's Infraction and Misdemeanor Bail Schedule; a fourth violation in that same year is charged as a misdemeanor.

Frequently Asked Questions

Is jaywalking illegal everywhere in San Marcos?
No. SMMC 12.24.040 only prohibits crossing between intersections where the Traffic Commission has specifically designated the stretch as a prohibited crossing and the City has posted signage there under subsection (b). Unposted mid-block crossings elsewhere are not made unlawful by this section.
Who decides where mid-block crossing is banned in San Marcos?
The Traffic Commission designates prohibited crossings under Section 12.24.040(a), but only after reviewing a report from the City Traffic Engineer recommending that specific location; the Commission cannot designate a crossing without that engineering input first.
Does a prohibited-crossing sign have to be posted before I can be cited?
Yes. Section 12.24.040(c) only makes it unlawful to cross a roadway that has been both designated by the Traffic Commission and posted with signage under subsection (b); a designation without posted signs is not independently enforceable against pedestrians.

Sources & Official References

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