MEETING DATE:
May 26, 2026
SUBJECT:
Title
RESOLUTION NO. 2026-9597 - AMENDING THE SAN MARCOS INFRACTION AND MISDEMEANOR BAIL SCHEDULE WITH RESPECT TO FINES AND PENALTIES TO BE IMPOSED FOR VIOLATIONS OF SAN MARCOS MUNICIPAL CODE SECTION 17.64.260 (FIREWORKS)
Body
Recommendation
Recommendation
APPROVE resolution approving modifications to the Infraction and Misdemeanor Bail Schedule to increase the fines and penalties to be imposed for violations of San Marcos Municipal Code section 17.64.260 (Fireworks).
Body
Board or Commission Action
Not Applicable
Executive Summary
The proposed Resolution would approve amendments to the City’s Infraction and Misdemeanor Bail Schedule to increase fines and penalties for violations of San Marcos Municipal Code section 17.64.260, which prohibits the sale, discharge, firing, or use of all fireworks or other substances designed and intended for pyrotechnic display.
Discussion
San Marcos Municipal Code (SMMC) Chapter 17.64 regulates the City’s application of the California Fire Code and associated codes and regulations, and SMMC section 17.64.260 prohibits the sale, discharge, firing, or use of all firecrackers, party poppers, bombs, rockets, torpedoes, Roman candles, Sky Lanterns or other fireworks or substances designed and intended for pyrotechnic display, and of all firework pistols/cannons, or other appliances using blank cartridges or caps containing chlorate of potash mixture or other mixtures designed to make an explosive sound, within the City except as specifically permitted by the City Council.
Section 17.64.290 provides that any violation of Chapter 17.64 constitutes a misdemeanor, which is punishable by a fine set forth in the City’s bail schedule, up to six months in prison, or both. The current San Marcos Misdemeanor and Infraction Bail Schedule (Bail Schedule) sets the fine amount for violations of SMMC section 17.64.260 (Fireworks) at $1000 per violation, which is repeated in the current San Diego County Superior Court Bail Schedule. It does not set forth increased fines for subsequent violations.
At the direction of Mayor Jones and Council Member LeBlang, this item is brought forward for City Council consideration of increases to the fines and penalties set forth in the City’s Bail Schedule for second and third violations of SMMC 17.64.260. The increases are being proposed to reflect the serious threat to public health and safety represented by fireworks, with respect to the potential for personal injury as well as the threat of fire, as much of the City is located within Very High Fire Hazard Severity Zones as identified by the State Fire Marshal and the San Marcos Fire Department, with additional areas in the City which border such Zones falling within the High and Moderate Fire Hazard Severity Zones.
Proposed for the City Council’s consideration is a resolution reflecting an increase relating to additional violations of the prohibition, as follows:
First offense: $1,000.00 (existing, not proposed to be changed)
Second offense: $2,500.00 (new)
Third offense: $5,000.00 (new)
Environmental Review
This action does not constitute a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387) and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
It is not yet known whether the additions and revisions to the Misdemeanor and Infraction Bail Schedule would result in a fiscal impact in terms of fine and penalty income.
Attachment(s)
Resolution Amending the City of San Marcos Infraction and Misdemeanor Bail Schedule With Respect to Fines and Penalties to be Imposed for Violations of San Marcos Municipal Code section 17.64.260 (Fireworks), and Attachment 1
Prepared by: Helen Holmes Peak, City Attorney
Reviewed by: Michelle Bender, City Manager