San Marcos, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Covered property
- Parking lots, shopping centers, similar public-access land
- Required defense
- Written permission from owner or authorized agent
- Signage requirement
- 17 in. x 22 in. sign, 1 in. lettering, at each entrance
- Penalty
- Misdemeanor under § 1.12.010
Summary
San Marcos makes it a misdemeanor to remain, wander, idle or loiter on a parking lot, shopping center or other property open to the public without apparent reason or business, unless you have the owner's written permission, under Municipal Code Section 10.32.030. Affected properties must post a specific warning sign at each entrance.
(a)No person other than a public officer or employee acting within the course and scope of his or her employment shall remain upon, wander, idle, or loiter on any parking lot, shopping center property or any other place open to the public without apparent reason or business, or without the written permission of the owner thereof, or the person entitled to the immediate possession thereof, or the authorized agent of either.(b)Whenever any person is stopped by a peace officer pursuant to this section, he shall, upon the request of such peace officer, display said written permission.(c)Property affected by this section shall be conspicuously posted at each entrance to such property using a sign 17 inches by 22 inches in size with lettering not less than one inch in height that states the restriction and cites the regulation so as to inform potential violators at those locations where enforcement is to occur.(d)Persons violating this section shall be guilty of a misdemeanor and are punishable as prescribed by Section 1.12.010 of the Municipal 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
030, Trespassing Upon Parking Lots, Shopping Center Property and Other Property Open to Public Parking Uses, bars anyone other than a public officer or employee acting within the scope of employment from remaining upon, wandering, idling or loitering on a parking lot, shopping center property, or any other place open to the public without apparent reason or business, unless they have the written permission of the owner, the person entitled to immediate possession, or an authorized agent of either. Subsection (b) requires anyone stopped by a peace officer under this section to display that written permission on request.
Subsection (c) conditions enforcement on notice: the property must be conspicuously posted at each entrance with a sign at least 17 inches by 22 inches, with lettering at least one inch tall, stating the restriction and citing the regulation, so potential violators are warned before enforcement occurs at that location. 010, which sets fines under the City's Infraction and Misdemeanor Bail Schedule or up to six months in San Diego County jail, or both. 20.
Violations & Fines
Remaining, wandering, idling or loitering on a posted parking lot or shopping center property without apparent business and without the owner's written permission is a misdemeanor under Section 10.32.030(d), punishable per Section 1.12.010 by a fine on the City's bail schedule, up to six months in county jail, or both. Enforcement requires the property to carry the required 17-by-22-inch posted sign at each entrance.
Frequently Asked Questions
Is it illegal to hang out in a San Marcos shopping center parking lot?
Do officers need to see a posted sign before citing someone for loitering?
What proof can stop a loitering citation under this section?
How is a violation of the parking lot loitering rule punished?
Sources & Official References
Other rules in San Marcos
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