Council considers approval of Cite & Release ordinance
San Marcos City Council is set to consider approval of a Cite and Release Ordinance.
Tuesday’s council meeting will hold the first of two readings of the ordinance which was supported by four council members when it was last discussed on March 3.
The ordinance will support the San Marcos Police Department increasing use of the cite and release process which originated as state legislation in 2007.
This would mean that qualifying individuals would be released with a citation instead of being arrested for committing a low-level, nonviolent misdemeanor. The ordinance also requires recordkeeping and reporting the cite and release process and reporting when individuals have been arrested for offenses that are eligible for cite and release.
Supporters would like to minimize the number of people forced to spend the night in jail, which has been shown in instances to disrupt family life, job stability and achieving higher education.
Those who supported a resolution rather than an ordinance warn that the ordinance may limit police officer discretion as the Texas Legislation preserves. The ordinance preserves discretion but may deter exercising for fear of being involved in a civil lawsuit. In other business, council will likely approve an ordinance to update the Fire Prevention and Protection Chapter of the City Code to match the amended code used by Fire Departments across the state. Among other updates, property managers would be required to have their gate codes on file to help first responders access complexes faster.
They will also likely approve an update to Parks and Recreation Fees increasing the non-resident rates by 5% and changing the senior discount rate to 60 years of age.
Related to COVID-19, council will consider approving an ordinance that would require landlords to give notice 90 days before beginning any eviction proceedings. They will also consider authorizing the City Manager to approve contracts and make purchases related to COVID-19 for up to $500,000.
