City Council Approval of New Surveillance Technology and Existing Surveillance Technology
San Diego Municipal Code § 210.0106
in effect§210.0106 City Council Approval of New Surveillance Technology and Existing Surveillance Technology
(a) City staff shall obtain City Council approval prior to any of the following:
(1) accepting or using local, state, or federal funds or in-kind or other donations to acquire surveillance technology;
(2) acquiring new surveillance technology, including procuring it without the exchange of consideration; or
(3) using new surveillance technology or existing surveillance technology, for a purpose, in a manner, or in a location not previously described in an approved Surveillance Use Policy by the City Council in accordance with the requirements of this Division.
(b) City Council Approval Process
(1) After the applicable requirements in San Diego Municipal Code sections 210.0103 through 210.0105 have been satisfied, City staff seeking City Council authorization of surveillance technology shall request a date for City Council consideration of the Surveillance Impact Report and proposed Surveillance Use Policy.
(2) The City Council shall only approve any action as required by this Division after first considering the advisory recommendation of the Board, if any, and determining that
(A) the benefits to the community of the City’s acquisition and use of the surveillance technology outweigh the costs;
(B) the proposed use of the surveillance technology will safeguard civil rights and civil liberties; and
(C) based on the facts and information presented to the City Council, there is no effective alternative to the proposed surveillance technology that provides a lesser financial cost to the City and impact on civil rights or civil liberties.
(3) If the City Council determines that the proposed use of the surveillance technology meets the standard set forth in this Division, then the City Council may authorize the use by adopting a legally enforceable Surveillance Use Policy. The City Council may modify a proposed Surveillance Use Policy, if the City Council determines the modification is necessary to meet the standard for approval of the use of the surveillance technology established in this Division.
(4) Once the City Council has approved a Surveillance Use Policy, it will remain in effect as the City’s legally enforceable policy until modified by the City Council.
(5) If the City Council has not authorized an item of existing surveillance technology within four City Council meetings from the date the City Council initially considers the existing surveillance technology, then the City shall cease the use of the existing surveillance technology until the review and approval of the proposed Surveillance Use Policy occurs.
(c) Unless otherwise provided in this Division, Surveillance Impact Reports and approved Surveillance Use Policies are public records. City staff shall make all Surveillance Impact Reports and approved Surveillance Use Policies, as updated from time to time, available and accessible to the public as long as the City uses the surveillance technology.
(d) City staff shall post all Surveillance Impact Reports and approved or pending Surveillance Use Policies to the City’s website with an indication of the current approval status of the surveillance technology and the planned City Council date for action, if available.
(“City Council Approval for New and Existing Surveillance Technology” added 8-10-2022 by O-21514 N.S; effective 9-9-2022.)
(Renumbered from former Section 210.0103 to Section 210.0106, retitled from “City Council Approval for New and Existing Surveillance Technology” to “City Council Approval of New Surveillance Technology and Existing Surveillance Technology” and amended 2-14-2024 by O-21762 N.S.; effective 3-15-2024. Former Section 210.0106 “Enforcement” amended and renumbered to Section 210.0109.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art10Division01.pdf#page=14Fetched: 10/28/2026