San Jose Municipal Code Part 1 General Provisions

A. The purpose of this chapter is to establish procedures for the application, denial, issuance, suspension, and revocation of identification media which are required to access portions of the Norman Y. Mineta San José International Airport (airport) designated as Security Identification Display Areas or other Restricted Areas.

B. It is the intent of the city council that the procedures set forth herein enhance airport security by improving the qualifications of identification media holders with access to the airport's SIDA in a manner most protective of the public's health, welfare, and safety, and in particular airport security, and the due process rights of an applicant or identification media holder, consistent with state or federal law.

(Ord. 30323.)

A. This Chapter is adopted pursuant to the authority granted to charter cities in Article 11, Section 5 of the California Constitution, the City of San José's general police power, and 49 CFR 1542.209.

B. This Chapter applies to all individuals who apply for or are granted a SIDA badge to gain access to the airport's SIDA.

C. Except where an individual applies for or is granted an airport-issued SIDA badge, as forth in subsection B above, the requirements of this Chapter shall not apply to persons authorized to receive badges from other entities pursuant to 49 CFR 1542.209, as may be amended from time to time.

(Ord. 30323.)

Access or entry to a Restricted Area, which includes the Airport Operations Area and the SIDA, is limited to persons under appropriate supervision or escort or persons with a proper and current identification badge issued by the airport. Examples of persons authorized access or entry to a Restricted Area include:

A. Authorized employees or authorized representatives of the city;

B. Authorized lessees and sublessees;

C. Owners and operators of based aircraft;

D. Authorized commercial operators, airline operators and the vendors, suppliers, contractors, or designated employees of such operators who have a need, as determined by the Director (or designee), to conduct business in a Restricted Area of the airport;

E. Personnel from the government agencies who are responsible for implementing the city's Emergency Response Plan for the airport; and

F. Employees or representatives of the Federal Aviation Authority (FAA), Department of Homeland Security (DHS), or Transportation Security Administration (TSA).

(Ord. 30323.)

Access or entry to the Sterile Area at the airport is limited to persons who have been screened by TSA personnel and possess a valid boarding pass/ticket; SIDA or Sterile badge holders accessing the Sterile Area through designated routes as specified by the airport, or persons under appropriate supervision and escort by a person with an approved SIDA badge.

(Ord. 30323.)

Access or entry to the airport's SIDA shall be restricted to persons who have been subjected to an individual criminal history check, successfully completed training in accordance with a TSA-approved curriculum specified in the airport's Airport Security Program (ASP), and issued an identification medium, which shall be prominently displayed at all times while accessing or within the airport's SIDA or other restricted areas.

(Ord. 30323.)

A. All individuals on or at the airport shall fully comply with the Airport Security Program.

B. All individuals applying for an initial or renewal SIDA badge are subject to a fingerprint-based Criminal History Record Check (CHRC) prior to issuance of the badge. Individuals that are issued a SIDA badge will be enrolled in a continuous vetting system to inform the airport of any subsequent crimes they are charged with.

C. Airport badges will not be issued to individuals with disqualifying crimes as listed in 49 CFR1542.209(d), 19 CFR 122.183 or equivalent. In addition, an applicant may be determined ineligible for a badge based on analyses of records related to violations of transportation security requirements, including security-related offenses at airports or in connection with air cargo and other regulatory violations.

D. Persons who fail to comply with these provisions may be denied access to the airport, which shall include but without limitation suspension or revocation of SIDA badge, or imposition of a fine, or penalized in accordance with certain provisions of the airport's General Aviation Rules and Regulations and ASP, or some combination of the preceding.

(Ord. 30323.)

A. All written notices and decisions required by this Chapter shall be served as provided in Section 1.04.140 of this Code. Alternatively, any written notice required by this Chapter may be delivered personally to the applicant, or SIDA badge holder, or personally delivered to the address given in the application, or delivered electronically to the electronic address given on the application or such other address on file or record with the airport.

B. The failure of any applicant or SIDA badge holder to receive any notice required throughout this Chapter shall not affect the validity of any proceedings taken under the Parts providing for hearings.

(Ord. 30323.)