SAN MARCOS — The San Marcos City Council amended the municipal code to prohibit homeless encampments on public property, regardless of whether shelter space is available, establishing one of the most restrictive bans in San Diego County.
In a 4-1 first-reading vote on Tuesday, with Councilmember María Nuñez opposed, the council agreed to ban encampments on all city-owned streets, alleyways, parking lots, sidewalks, parks, open spaces, and areas near waterways, including San Marcos Creek.
Individuals who violate the ordinance can be issued infractions, including fines, at the city’s discretion.
The proposed ordinance, which will become city law if approved by the council after a second reading, was introduced less than two weeks after the U.S. Supreme Court issued a landmark decision in Johnson v. Grants Pass.
In its 6-3 decision on June 28, the court’s conservative majority upheld a ban on homeless camping in Grants Pass, Oregon, finding that laws criminalizing sleeping in public spaces do not violate the Eighth Amendment’s protections against cruel and unusual punishment in the U.S. Constitution.
“It’s time to take action. We finally have the law behind us with the most recent Supreme Court ruling,” said Mayor Rebecca Jones.
The ordinance explicitly bans the presence of encampments, defined as tents or other temporary structures used to shelter someone or their personal belongings, and “camping paraphernalia,” including tents, mattresses, sleeping bags, buckets, cots, and cooking equipment, on public property.
It also prohibits individuals from living in vehicles parked on public property.
Several speakers begged the city not to pass the ordinance, arguing that it criminalizes individuals living outside or in their cars as a last resort and qualifies as a human rights violation.
“This is criminalizing and making things even harder on those people trying to get housing or do even better,” said Angelica Santiago, speaking through tears. “It’s definitely hard, you know, people have fees and then you’re adding more fees and more fees. It’s definitely not okay.”
“We are talking about human beings, people who are in need. We need to treat them with compassion and decency. With no place to go, it’s deeply troubling to think that without any other options for people, you would like to see them arrested,” said Tracy Ganz.
City spokesperson Tess Sangster said the ordinance does not mandate that fines be issued for violators; it depends on the situation. Potential infractions start at $250 and can increase to $500 and $1,000 for second and third offenses, and an individual can be charged with a misdemeanor by the fourth violation of the same offense.
“The City will continue the compassionate approach it has been taking with respect to its unhoused population. This will include providing information regarding resources available to assist in finding alternative shelter and other services; it will also include citing for illegal camping or encampments when deemed appropriate, which will depend on the facts of any given situation,” Sangster said.
Jones and other council members argued that the ban does not criminalize homelessness itself but conduct that causes environmental, health and safety concerns, such as trash accumulation, blocking the public right-of-way, waste dumping into storm drains, and fire risks.
In the first five months of the year, the city received 84 complaints about RVs and motorhomes parked for long periods of time along public streets or other public property. According to staff, several instances of individuals dumping human waste and black water directly into storm drains were reported.
“We’re faced with an environmental disaster that’s taking place right in front of our eyes,” said Councilmember Mike Sannella.
Under the ordinance, individuals camping on public property must be given at least 24 hours notice of their need to vacate, except in extreme situations. The city may seize any personal property not removed by this time, and information about where the property is being stored and can be recovered must be left at the site.
Nuñez said she could not support the ordinance and that the city should focus on providing more resources for individuals who are homeless or at risk of becoming homeless.
“Our unhoused individuals, although some may be criminals, that’s not what we’re seeing … What I see are entire families, single moms with kids of all ages,” Nuñez said. “Making the possibility of criminalizing these individuals and families, I don’t think will help their situation. I don’t think it will help to solve homelessness.”
The council will hold its final vote after a second reading of the ordinance at its next regular meeting.
‘Take back the public right-of-way’
City leaders said they modeled the ordinance on restrictions in the cities of San Diego and Escondido, which have significantly higher rates of homelessness as well as shelters within their city boundaries.
San Diego’s controversial 2023 ban prohibits camping within two blocks of K-12 schools or a shelter, along trolley tracks and transportation hubs, within city parks, open spaces or waterways.
Escondido banned camping in all public spaces but changed its encampment regulations just two days before the Grants Pass decision, identifying more specific locations where it is prohibited.
San Marcos has among the lowest rates of homelessness in San Diego County, but like other cities, its numbers have increased over the years. From 2023 to 2024, the number of individuals tracked during the Regional Task Force on Homelessness Point in Time Count grew from two to 35.
While it does not have its own shelter, San Marcos contributes $120,000 annually to be part of the Alliance for Regional Solutions Bridge to Housing network, which connects North County residents to short-term shelters.
Leaders also highlighted the 3,300 affordable housing units currently offered in San Marcos — 10% of its total housing stock — and partnerships with county social workers and organizations like PATH, which provide street outreach to unhoused residents and offer services and shelter.
However, residents and local organizations say this is not enough, as shelter space becomes more and more limited and the number of people becoming homeless outpaces those who are exiting homelessness.
“The proposed encampment ordinance ignores the severe shortage of both temporary shelter and permanent supportive housing in our region. On a given day, only a handful of shelter beds become available when there are thousands of people who need them,” the social justice organization Alliance San Diego said in a letter to the city.
Greg Anglea, CEO of Interfaith Community Services in Escondido, said camping bans do not help resolve homelessness, as they often result in people being shuffled around to different unsheltered locations.
“We haven’t seen the data that they reduce homelessness, even in the small communities where they’re deployed. In San Diego, for example, we haven’t seen homelessness decrease since their ban,” Anglea said.
San Marcos City Attorney Helen Holmes Peak claimed that many homeless individuals turn down offers of shelter and other services because they want to live by their own rules. San Marcos was previously unable to ban camping if shelter space was available, but the Grants Pass ruling removes this barrier.
“Now, the city is able to enforce and essentially take back the public right-of-way for citizens, even if shelter is not available. It may not be an issue, because very often, the unhoused do not want shelter,” Peak said. “One of the things we are hoping with this prohibition … is that they will be encouraged to seek shelter and seek services and take advantage of those shelters and services when they are available.”
However, homelessness service providers have emphasized that there are several reasons someone might turn down a shelter bed. These include safety concerns, barriers such as the prohibition of pets or requirements to be sober, or distrust of law enforcement due to past negative experiences.
Anglea said he expects more of these bans in local cities after the Supreme Court decision.
“For us, it heightens the need to work in closer partnership and offer solutions for people to overcome homelessness, and not have to be moved from place to place … from one unsheltered location to another, but to be able to move from an unsheltered location into a sheltered location,” Anglea said.
In the city of Vista, leaders plan to bring forward their own camping restrictions on Aug. 13. This follows a discussion back in April in which the City Council said they would support a prohibition on camping within two blocks of a homeless shelter or school and 250 yards of a play structure or recreation field if a shelter bed is offered and refused.
It is unclear if the City Council will adopt stricter regulations in light of the Grants Pass decision.
In San Marcos, the city’s fire department said it has seen an increase in calls related to the unhoused population over the years—288 calls in 2021, 331 calls in 2022, and 290 calls in the first 10 months of 2023, according to department data.
Most of these are calls for rescue or EMS, followed by good intent and service calls.
