SAN MARCOS — The San Marcos City Council is amending its 2024 homeless encampment ordinance to add safeguards against fire risks by banning the use of ignition sources in public and open space areas.
Council members unanimously approved the first reading of the amended ordinance at their Oct. 14 meeting. The new regulations will become effective after a second reading at the city’s next regular meeting.
Like many surrounding areas, San Marcos contains dry brush and vegetation that can easily act as fuel. The city has seen an uptick in activities near encampments over the past year, which pose a fire hazard. Cooking or warming fires have sometimes resulted in vegetation fires, per a staff report.
The new regulations make it illegal to use an ignition source to start or maintain a fire on public property, and ban the possession or discarding of ignition materials in certain circumstances.
City Attorney Helen Peak says the definition of ignition source includes “just about everything that we could think of” that could potentially start a fire. Items listed in the amended ordinance include: lighters, stoves or other heating devices, generators, solar panels, amperage or wattage, pilot lights, cigarette butts, glowing embers, sparks from power tools, hot equipment, open flames, chemical reactions, friction, charcoal, wood, fire logs, and pellets.
“We believe that making illegal the possession and use of the items that would be prohibited by this ordinance is another resource that may assist in maintaining the safety of not only those unhoused persons, because they are the first at risk, but also the public safety personnel that have to respond to these really sometimes extremely difficult areas to reach,” Peak said.
Banned activities include burning wood, paper, vegetation, or debris; cooking with open flames; discarding lit, burning, or combustible material capable of igniting a fire; and possessing an ignition source on one’s person while in an open space or waterway area.
The regulations would not apply to areas utilized for camping and recreation as permitted under the municipal code, or in circumstances otherwise permitted by the city. They would also not apply to durable medical equipment, such as oxygen tanks.
San Marcos adopted its ordinance last summer banning encampments on all city-owned streets, alleyways, parking lots, sidewalks, parks, open spaces, and areas near waterways. Council members said it is a living document that will likely be updated several more times.
“I actually am thinking we look at this on a fairly regular basis,” said Mayor Rebecca Jones.
Shelter Ready
During the same council meeting, San Diego County District Attorney Summer Stephan also spoke about Shelter Ready, a new app-based program that matches individuals with shelter beds, much like someone might look up available hotels.
The District Attorney’s Office created the program with the input of homelessness outreach organizations, shelter providers, and public safety officials. The DA’s Office has tested the technology with several shelter providers and cities, and is seeking to expand it with more partners.
Stephan said several North County organizations have become involved in the first test phase of the program, and several have reported being able to match clients to shelter much more efficiently and spend less time searching.
“We already have reports from uh Catholic Charities that it has lowered their time for their outreach workers from 40 hours a week to 15 hours a week, with 35 more hours that they’re now using to actually shelter more people and provide more comprehensive services,” Stephan told the City Council.
Stephan said it is essential to get people off the street for their safety and the safety of the larger community. For example, data collected by the DA’s Office indicates that the arson rate among the unhoused population is 305 times higher than that of the housed population.
The DA’s Office also sees these higher rates when it comes to other crimes like residential burglary, she said. On the flip side, unhoused individuals are also more likely to be victims of dangerous crimes such as homicide, as well as victims of overdoses, compared to the housed population, Stephan said.
“So of course, this means we have to act, not just because compassion demands it to make sure that people are housed, but also because it is a public safety issue for both the folks who are homeless and the surrounding neighborhoods,” Stephan said.
