San Marcos Municipal Code Ch. 10.32 Miscellaneous Offenses

Pinball machines, coin-operated, shall be permitted in commercial zones within the City of San Marcos, subject to approval of a special use permit.

It shall be illegal to operate pinball machines which would entitle the operator to receive money, credit, allowance, a thing of value, or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance, or thing of value.

(a)

No person other than a public officer or employee acting within the course and scope of his or her employment shall remain upon, wander, idle, or loiter on any parking lot, shopping center property or any other place open to the public without apparent reason or business, or without the written permission of the owner thereof, or the person entitled to the immediate possession thereof, or the authorized agent of either.

(b)

Whenever any person is stopped by a peace officer pursuant to this section, he shall, upon the request of such peace officer, display said written permission.

(c)

Property affected by this section shall be conspicuously posted at each entrance to such property using a sign 17 inches by 22 inches in size with lettering not less than one inch in height that states the restriction and cites the regulation so as to inform potential violators at those locations where enforcement is to occur.

(d)

Persons violating this section shall be guilty of a misdemeanor and are punishable as prescribed by Section 1.12.010 of the Municipal Code.

(a)

No person shall consume or be in possession of any unsealed or open alcoholic beverage container in any public place or place open to the public, street, sidewalk, alley, highway, arcade, court, or in any vehicle within 500 feet of any off-sale licensed public premises within the City.

(b)

This section shall not in any way prohibit the lawful use and/or possession of liquor within the premises of a properly licensed on-sale establishment.

(c)

Notwithstanding the provisions of Subsections 10.32.040(a) and (b), the consumption of alcohol or the possession of an unsealed or open alcoholic beverage container is prohibited in any municipal park or facility except at duly authorized community events during permitted hours of operation where the presence of alcohol has been granted specific written permission through an administrative permit from the City Manager or the designated representative.

(d)

Persons violating this section shall be guilty of a misdemeanor and are punishable as prescribed by Section 1.12.010 of this Code.

(Ord. No. 2002-1159, 9-24-02; Amend. of 2-5-2025(1))

(a)

It shall be unlawful for any person to be in, enter into, or remain in or within drainage channels, storm water channels, culverts and/or canals. For purposes of this section, "drainage channels, storm water channels, culverts and/or canals" shall mean a waterway, watercourse or conduit, natural or otherwise, that directs or conveys storm water or water runoff through or to the storm drain system.

(b)

Notwithstanding the foregoing, persons who have been authorized by the owner of the property upon which the drainage channel, storm water channel, culvert and/or canal is located, or the authorized agent of the same, and/or those persons who have been issued the appropriate permits or licenses from a local, State or federal governmental agency with jurisdiction, may be present in, enter into, or remain in or within drainage channels, storm water channels, culvert and/or canals for the purpose of constructing, installing, maintaining and/or repairing such facilities or appurtenances thereto.

(c)

This prohibition shall not apply to law enforcement officials, emergency response personnel and/or other governmental employees acting within the course and scope of their duties.

(d)

Persons violating this section shall, upon conviction thereof, be guilty of a misdemeanor and are punishable as prescribed by Section 1.12.010 of this Code.

(Ord. No. 2005-1243, 2-22-05; Amend. of 2-5-2025(1))