Chapter 10.54

LAW ENFORCEMENT FACE COVERINGS AND VISIBLE IDENTIFICATION

Sections:

• 10.54.020 Federal authority recognition and preemption avoidance.

• 10.54.030 Restrictions on use of face coverings.

• 10.54.040 Special weapons and tactics (SWAT) team exception.

• 10.54.050 Officer identification requirements.

• 10.54.060 Impersonation prevention, investigation, and reporting.

• 10.54.070 Enforcement authority and mechanisms.

For the purpose of this Chapter, the following definitions shall apply:

• A. "Law enforcement officer" means any officer of a local, state, or federal law enforcement agency, or any person acting on behalf of a local, state, or federal law enforcement agency, who is authorized to enforce laws within the City of San José including but not limited to the United States Immigration and Customs Enforcement ("ICE"), United States Customs and Border Protection ("CBP"),

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Federal Bureau of Investigation ("FBI"), or any other federal agency with law enforcement authority.

• B. "Face Covering" means any item worn to conceal or obscure an officer's facial features or identity, including but not limited to balaclavas, ski masks, face coverings, scarves, bandanas, or other similar items that cover the nose and mouth in a manner that obscures the wearer's identity.

• C. "Interacting with the public" means any direct communication or engagement between a law enforcement officer and a member of the public while performing official duties, including traffic stops, response to calls for service, or community policing activities.

• (Ord. 31255.)

• A. The City of San José acknowledges and respects the authority of the federal government to enforce federal immigration laws within the United States, including within the City's jurisdiction.

• B. Nothing in this Chapter shall be interpreted to prohibit, restrict, or interfere with the proper exercise of federal immigration enforcement authority in accordance with federal law.

• C. This Chapter is enacted pursuant to the City's legitimate police powers to promote public safety, prevent impersonation and fraud, and ensure transparency and accountability in law enforcement operations within its jurisdiction.

• D. As a charter city, San José further enacts this Chapter pursuant to its plenary authority over municipal affairs, as recognized under the California Constitution.

• (Ord. 31255.)

A law enforcement officer shall not wear any face covering or personal disguise while interacting with the public in the performance of their official duties, except for the following circumstances:

• A. When wearing a medical-grade mask (e.g. surgical masks or N95 respirator) approved by the United States Food and Drug Administration (FDA) or the National Institute for Occupational Safety and Health (NIOSH) to prevent the transmission of airborne diseases; and

• B. When wearing a mask designed to protect against exposure to smoke, ash, or hazardous particulates during a state of emergency related to wildfires, as declared by the City Council or Governor; and

• C. When wearing any other mask, helmet, or device, including, but not limited to, air-purifying respirators, full or half masks, or self-contained breathing apparatus necessary to protect against exposure to any toxin, gas, smoke, inclement weather, or any other hazardous or harmful environmental condition; and

• D. When wearing a motorcycle helmet while utilizing a motorcycle or other vehicle that requires a helmet for safe operations.

• (Ord. 31255.)

• A. It is the intent of the San José City Council to ensure that Special Weapons and Tactics (SWAT) team officers, such as San José Police Department Mobile Emergency Response Group and Equipment (MERGE), who are specially trained and equipped to respond to high-risk situations that require specialized tactics and equipment beyond the capabilities of regular patrol officers, can use protective equipment, including facial coverings, when required for personal safety in high-risk or tactical operations.

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• B. The Chief of Police shall develop and implement operational policies consistent with California Government Code Sections 7288 and 7289 to govern the use of such protective equipment.

• (Ord. 31255.)

• A. It is the intent of the City Council to promote transparency and accountability by requiring visible identification of law enforcement officers operating in the City of San José.

• B. All law enforcement officers operating within the City of San José shall wear a clearly visible and prominently displayed badge or other form of official identification that includes the officer's name, agency affiliation, and badge or identification number.

• C. Upon request, officers shall provide their full name, agency affiliation, and badge or identification number to any individual subject to an immigration enforcement action.

• D. Officers initiating immigration enforcement activities shall present official credentials identifying themselves as federal law enforcement officers authorized to conduct such operations.

• E. Federal law enforcement agencies shall notify the San José Police Department in advance of any operations within the City that are reasonably expected to involve personnel wearing facial coverings or disguises.

• (Ord. 31255.)

• A. The San José Police Department shall:

  1. Establish a specialized unit or designate officers trained to investigate incidents involving impersonation of law enforcement officers, including impersonation of federal agents such as ICE and FBI officers, within the City.

  2. Develop and implement protocols for responding to and investigating such reports, including:

     • ii. Procedures for gathering and preserving evidence;

     • iii. Methods for verifying the authenticity of purported federal credentials;

     • iv. Coordination with federal agencies to confirm the identity and authority of individuals claiming to be federal officers; and

     • v. Techniques for interviewing victims and witnesses of impersonation incidents.

• B. Conduct regular training for all police personnel on identifying and responding to potential impersonation incidents.

• C. Establish an expedited response protocol for reports of impersonation in progress.

• D. Maintain detailed records of all reported impersonation incidents, including case details, investigation outcomes, and actions taken or resolution.

• E. Report any confirmed incidents of impersonation to:

  1. The relevant federal law enforcement agency;

  2. The Federal Bureau of Investigation;

  3. The United States Attorney's Office;

  4. The California Attorney General's Office; and

  5. The public, through appropriate channels, subject to privacy and confidentiality protections and consistent with ongoing law enforcement operations.

• F. Consistent with privacy laws and ongoing law enforcement operations, the San José Police Department shall report to the City Manager any instance where its officers respond to an incident involving a federal agency conducting immigration enforcement activity in the

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City. The City Manager shall inform the City Council offices and coordinate with a crosssector community leadership group.

• (Ord. 31255.)

  4. Developing additional enforcement mechanisms as necessary to fulfill the purposes of this Chapter.

• (Ord. 31255.)

• A. The San José Police Department is hereby authorized and directed to enforce the provisions of Section 10.54.060.

• B. Individuals impersonating law enforcement officers shall be subject to:

  1. Criminal prosecution under applicable state and local laws, including but not limited to:

     • i. California Penal Code Section 146a (impersonating a peace officer);

     • ii. California Penal Code Section 538d (unauthorized wearing of law enforcement uniform);

     • iii. California Penal Code Section 532 (false pretenses); and

     • iv. Any other applicable criminal statutes.

  2. Enhanced penalties as provided under California law when impersonation is committed in connection with other criminal offenses.

  3. Civil liability for damages caused to victims of impersonation.

  4. Public notification of conviction, as allowed under state and federal privacy laws.

• C. The City Manager and City Attorney are authorized to take all necessary and appropriate legal and administrative actions to enforce this Chapter, including but not limited to:

  1. Seeking injunctive or declaratory relief in a court;

  2. Coordinating with federal agencies to address non-compliance;

  3. Implementing administrative measures to ensure compliance with verification procedures; and

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