RESOLUTION NO. 2026-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, APPROVING AN AMENDED MISDEMEANOR AND INFRACTION BAIL SCHEDULE AND PENALTY FEE SCHEDULE FOR PARKING VIOLATIONS FOR THE CITY OF SAN MARCOS, AND AUTHORIZING ITS SUBMISSION TO THE SAN DIEGO SUPERIOR COURT WHEREAS, the City of San Marcos (“City”) has established in Title 1, Chapter 1.12 of the Municipal Code and Charter that any person violating any provision or failing to comply with any requirement of the Municipal Code shall be guilty of an infraction or misdemeanor as delineated in Title 1, Chapter 1.12; and WHEREAS, San Marcos Municipal Code (SMMC) section 1.12 060 authorizes the City Council to approve fine amounts imposed for violations of the SMMC; and WHEREAS, SMMC section 1.12.020 provides that any person convicted of a misdemeanor shall be punished by a fine or imprisonment for a term not exceeding six (6) months, or both; and WHEREAS, the fine amounts are reflected in the City’s Misdemeanor and Infraction Bail Schedule and Penalty Fee Schedule for Parking Violations, which was last updated in 2024; and WHEREAS, City staff has identified certain amendments to the Schedule which are necessary to reflect the current SMMC provisions; and WHEREAS, City staff recommends the following amendments to the Schedule:
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.
WHEREAS, City staff also recommends that the Schedule by amended to Attachment 1 reflect 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, in accordance with California Vehicle Code section 22500(n); and WHEREAS, the San Diego Superior Court has requested input from the City for inclusion of its bail amounts in the Court’s Bail Schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Marcos makes the following determinations:
The foregoing recitals are true and correct and incorporated herein by reference; The amendment of the City of San Marcos 2024 Misdemeanor and Infraction Bail Schedule and Penalty Fee Schedule for Parking Violations, as reflected in Attachment 1 to this Resolution, is hereby approved; The amended Schedule, as reflected in Attachment 1 with minor modifications by the City Attorney, in coordination with the City Manager, may be provided to the San Diego Superior Court for inclusion in the Court’s Bail Schedule.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, State of California at its regular meeting held on this 22nd day of September 2026, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMENBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos
ATTACHMENT 1
AMENDED SAN MARCOS MISDEMEANOR AND INFRACTION BAIL SCHEDULE
AND PENALTY FEE SCHEDULE FOR PARKING VIOLATIONS