MEETING DATE:
September 22, 2026
SUBJECT:
Title
RESOLUTION NO. 2026-9664 - AMENDING MISDEMEANOR AND INFRACTION BAIL SCHEDULE AND PENALTY FEE SCHEDULE FOR PARKING VIOLATIONS, AND AUTHORIZING ITS SUBMISSION TO THE SAN DIEGO SUPERIOR COURT
Body
Recommendation
Recommendation
APPROVE resolution to amend misdemeanor and infraction bail schedule and parking violations fee schedule for the City of San Marcos.
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Good Governance
Executive Summary
Pursuant to San Marcos Municipal Code (SMMC) chapter 1.12, Code violations are punishable infractions or misdemeanors. It provides that the City Council may establish the fine amounts for such violations in a bail schedule adopted by resolution. The City has an adopted Misdemeanor and Infraction Bail Schedule, which was last amended in 2024 (the Bail Schedule). Since that time, certain SMMC provisions have been adopted or amended which necessitate amendment to the City Bail Schedule.
The San Diego County Superior Court (“Court”) annually publishes its Bail Schedule for all misdemeanor and infraction offenses in the County. The City provides information to the Court for inclusions in the Court Bail Schedule. The Court is currently collecting information from cities for publication in the 2027 Bail Schedule. The proposed resolution would amend the City’s Bail Schedule and approve submittal to the Court of the City’s amended bail amounts, and other clean-up items, for inclusion in the 2025 Bail Schedule. It would also update the City’s Penalty Fee Schedule for Parking Violations. That Schedule sets forth fee amounts for certain Vehicle Code and SMMC parking violations. The proposed amended document includes both bail amounts and penalty fee amounts.
Discussion
Superior Court judges in each county prepare, adopt, and annually revise their respective uniform Countywide Schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses, except Vehicle Code infractions. The California Penal Code penalty schedule for infraction violations of the Vehicle Code are established by the Judicial Council in accordance with Section 40310 of the Vehicle Code. T
The San Diego Superior Court adopts its Bail Schedule annually. The Court recently solicited input from the cities and the County for inclusion in its 2027 Bail Schedule. The input is due to the Bail Schedule Committee by or before September 30, 2026.
SMMC section 1.12 060 provides that the "actual fine amount due the City for various violations of the provisions of this code shall be as set forth in the City Bail Schedule. Said schedule shall be established by resolution of the City Council and may be amended by the Council as necessary." Updating the Bail Schedule provides the Court with the correct fine amounts requested by the City, and provides notice to offenders of the fine amounts that will be assessed for the various code violations. The Resolution presented to you tonight would approve updates to the City Bail Schedule consistent with the SMMC and would authorize submittal of the revised City Bail Schedule to the Court for inclusion in the 2027 Bail Schedule.
The City has adopted a number of ordinances since the City Bail Schedule was last updated in 2024. As part of a comprehensive overview, staff reviewed the current Bail Schedule and the SMMC to determine appropriate updates to the City Bail Schedule. Attachment 1 to this report shows the proposed changes in a redline/strikeout format based on the 2024 Bail Schedule. Several of the changes are stylistic, aimed at more closely mirroring the Court Bail Schedule. Others are substantive and are necessary to align the City Bail Schedule with current SMMC provisions.
Requested changes to bail amounts which would be included pursuant to SMMC 1.12.060 are summarized below:
|
Section |
SMMC Chapter Title |
Description of Change in Bail Amount |
|
2.16.050(a) and (c) |
Controls on Campaign Contributions |
SMMC section 2.16.050(a) states that the maximum fine for each misdemeanor conviction shall be $10,000, or three times the amount illegally reported, contributed, expended, or given, whichever is greater. Subsection (c) adds an additional fine of $5,000 for willful or knowing failure to report contributions. The Schedule has been revised accordingly. |
|
12.25.050 |
Electric Bikes - Riders Under 12 |
SMMC section 12.25.050 was added in 2025. It prohibits electric bike riders under the age of 12. The City Bail Schedule is being amended to reflect the established $25 fine. |
|
17.64.260 |
Fireworks |
The City Council updated the bail amounts for fireworks earlier this year. The new amounts are reflected in the revisions to the City Bail Schedule. |
|
Title 20 and Chapter 20.460 |
Zoning; Surface Mining |
SMMC section 20.550.020 provides that any violation of the City’s Zoning Ordinance is a misdemeanor. Chapter 20.460 is an exception, in that, it specifies that a violation of the chapter is punishable by a fine not to exceed $500. The City Bail Schedule is being updated to reflect this exception. |
If approved by the City Council, the City Attorney’s Office will provide the amended City Bail Schedule in Attachment 1 to the Court for its consideration for inclusion in the 2027 Court Bail Schedule.
Attachment 1 also reflects the City Council’s January 2026 update to the Penalty Fee Schedule for Parking Violations to include a $52 fine for vehicles parked within twenty feet of a crosswalk. This is consistent with California Vehicle Code section 22500(n).
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
There is no anticipated fiscal impact associated with this action, as the additions or revisions to the Bail Schedule are not anticipated to modify current fine and penalty income.
Attachment
Resolution
Redlined Proposed Revisions to San Marcos Bail Schedule
Prepared by: Jill D.S. Maland, Assistant City Attorney
Reviewed by: Michelle Bender, City Manager