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File #: TMP-2342    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 10/1/2025 In control: City Council
On agenda: 10/14/2025 Final action:
Title: ORDINANCE NO. 2025-1565 - AMENDING SAN MARCOS MUNICIPAL CODE CHAPTER 10.33 (ENCAMPMENTS ON CITY PROPERTY) TO ADDRESS INCREASED INCIDENTS OF FIRES IN OR NEAR ENCAMPMENT AREAS
Attachments: 1. SMMC 10.33 Fires Amendment - Ordinance, 2. SMMC 10.33 - Encampment Fires Amendment-Strikeout-Underline Version, 3. El Cajon - Chapter 8.04 - Air Pollution Control - Burning Regulations, 4. Santee - Chapter 7.20 - LOITERING AND CAMPING
MEETING DATE:
October 14, 2025

SUBJECT:
Title
ORDINANCE NO. 2025-1565 - AMENDING SAN MARCOS MUNICIPAL CODE CHAPTER 10.33 (ENCAMPMENTS ON CITY PROPERTY) TO ADDRESS INCREASED INCIDENTS OF FIRES IN OR NEAR ENCAMPMENT AREAS
Body

Recommendation
Recommendation
INTRODUCE (First Reading) of a proposed Ordinance amending San Marcos Municipal Code Chapter 10.33 (Encampments on City Property)

Body
Board or Commission Action
Not Applicable

Relevant Council Strategic Theme
Good Governance

Relevant Department Goal
Not Applicable

Introduction
San Marcos Municipal Code (SMMC) Chapter 10.33 contains the City's regulations governing encampments on public property. The City has recently experienced an uptick in fire activity in or near encampment areas. The proposed amendment is aimed at prohibiting combustible materials and decreasing the risk of fire in those areas.
Discussion
The Council adopted Chapter 10.33 in July 2024. That ordinance made it illegal to camp on public property within the City. It also prohibited certain specific activities in and around City waterways and set forth procedures for the notice and removal of personal property from public areas. It did not specifically address the possession or use of combustible materials.

Since the date that Chapter 10.33 was adopted, the Fire Department has noted an uptick in activities in or near encampment areas which pose a fire hazard. For example, on January 10th, there was a vegetation fire in a homeless encampment near 150 Valpreda Road; during the period January 16th to February 25th, the Fire Department was called upon at least five times to conduct smoke checks in the area of the westbound on-ramp to the 78 freeway from Twin Oaks Valley Road, due to cooking and warming fires at encampments; and on January 22nd, there were two incidents of people cooking at encampments behind City Hall, under the bridge, and near the intersection of Twin Oaks Valley Road and Mission Road. On June 21, 2025, there wa...

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