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DISCUSSION REGARDING A PROPOSED ORDINANCE ESTABLISHING TITLE 9, CHAPTER 9.18, OF THE STOCKTON MUNICIPAL CODE REGULATING USE OF FACIAL COVERINGS
recommended action
RECOMMENDATION
It is recommended that the Legislation and Environmental Committee review and discuss a potential ordinance establishing Title 9, Chapter 9.18 of the Stockton Municipal Code regulating the use of facial coverings.
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Summary
On June 16, 2025, the Legislation and Environmental Committee reviewed and considered a proposed ordinance regulating the use of facial covering in public or private spaces. By Motion 2025-06-16-0303 the Committee forwarded a recommendation to the full City Council for the adoption of the ordinance, following review and collaboration from the Police Department.
Following review, the Police Department expressed concerns regarding the enforcement of the ordinance. Accordingly, Chair Enriquez and Vice Mayor Lee directed staff to bring the item back to the Committee for review of the Philadelphia face covering regulations and consideration of potential changes to the proposed ordinance.
DISCUSSION
Background
Currently, the Stockton Municipal Code does not address the use of face coverings. On June 16, 2025, the Legislation and Environmental Committee reviewed and considered a proposed ordinance regulating the use of facial covering in public or private spaces (Attachment A). By Motion 2025-06-16-0303 the Committee forwarded a recommendation to the full City Council for the adoption of the ordinance, following review and collaboration from the Police Department.
Present Situation
Following review, the Police Department expressed concerns regarding the enforcement of the ordinance. Accordingly, staff has returned with potential changes to the recommended ordinance for the Committee’s consideration, as reflected in Attachment B and described in more detail below:
Crime Statistics
First, the Stockton Police Department reviewed robbery data over the past two and a half years to assess the prevalence of suspects using face coverings during the commission of these crimes. The analysis provides insight into how frequently face coverings are involved. This information is reflected in Attachment C and has been broken down below.
• 2023: 31% of all robberies involved a face covering
• 2024: 26% of all robberies involved a face covering
• 2025 (January-June): 28% of all robberies involved a face covering
• 2023 through June 2025 (combined): 28% of all robberies involved a face covering
This data demonstrates a consistent pattern, with roughly one in four robberies involving the use of a face covering. Accordingly, staff revised the ordinance in Section I, Findings and Intent, and Section 9.18.010, to remove the reference to an observed “increase” in criminal activity. As reflected in the statistics provided, the City has observed criminal activity involving face coverings but has not observed an increase in such activity.
Philadelphia Ordinance
Several cities throughout the United States have implemented regulations limiting or prohibiting the use of face coverings. One notable example is Philadelphia, which introduced Code section 10-616, Concealed Identities, in 2000 and expanded and clarified the code in 2024 (Attachment D).
In reviewing the current Philadelphia Code, staff observed two primary differences between its code and the code considered by the Committee in June: (1) Philadelphia has a monetary fine for violations; and (2) subsection four of the Philadelphia identifies specific areas where masks are prohibited. Staff believe that both provisions will help clarify the code and so allow for safer enforcement of the code. Therefore, Staff updated the ordinance to introduce these provisions.
Monetary Fine
In addition to a criminal misdemeanor violation, Section 9.18.050 was amended to add an administrative penalty in the amount of $1,000. Additionally, the section references and incorporates appeal provisions under Chapter 1.44 of the SMC for consistency with the City’s standard procedures for administrative fines. Either criminal or administrative enforcement is permissible under the revised code.
Specific Locations
Section 9.18.030 was amended to clarify specific locations where masks are prohibited. Specifically, staff added the same locations identified in the Philadelphia code as follows:
“any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways”
Given these location restrictions, 9.18.020 was also revised to remove the definitions of “Public Space” and “Private Space” as these terms are no longer necessary.
Additionally, in order to ensure that the City does not run afoul of any right of protected speech, the section maintains the language regarding the mask wearer’s intent to provoke a reasonable apprehension of intimidation, threats, or violence. The title of the ordinance was also updated to better reflect the proposed restrictions.
Next Steps
Staff asks the Committee to review the changes to the proposed ordinance and consider revising its recommendation to the City Council to incorporate these revisions.
FINANCIAL SUMMARY
The adoption of this ordinance will have no financial impact.
Attachment A - June 16, 2025, Around the Bench Memo
Attachment B - Redline Ordinance
Attachment C - Crime Statistics Related Masked Robberies
Attachment D - Philadelphia Code section 10-616, Concealed Identities