ORDINANCE NO. [,2026]-[NUMBER] AN ORDINANCE AMENDING THE CITY CODE

TO REQUIRE BODY-WORN CAMERAS (BWC) FOR ALL HOUSING, ZONING, AND CODE ENFORCEMENT INSPECTORS; ESTABLISHING PRIVACY PROTECTIONS, DATA RETENTION STANDARDS, AND USE PROTOCOLS. 

WHEREAS, the City of Trenton seeks to ensure safe, habitable housing for all residents and hold non-compliant landlords accountable; and

WHEREAS, transparent documentation of code violations and inspector conduct protects both City employees and the public; and

WHEREAS, the City recognizes the sanctity of the home and the privacy rights of tenants under the New Jersey Constitution and the Fourth Amendment;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Trenton as follows:

SECTION 1: DEFINITIONS

1. "Body-Worn Camera" (BWC): A device worn on an inspector’s person that records both audio and video.

2. "Enforcement Action": Any scheduled inspection, emergency response, re-inspection, or issuance of a notice of violation.

 3. "Private Area": Areas of a dwelling where there is a heightened expectation of privacy, specifically bathrooms, bedrooms (while occupied), and medical treatment areas.

4. "Subject of Recording": The tenant, landlord, property owner, or authorized agent interacting with the Inspector.

SECTION 2: MANDATORY USE & ACTIVATION (a) Requirement: All Housing, Zoning, and Code Enforcement Inspectors shall wear a department-issued BWC while on duty in the field.

(b) Activation:

● Start of Encounter: Inspectors must activate the BWC immediately upon exiting their vehicle or arriving at the exterior of the property to begin an inspection.

● Continuous Recording: Once activated, the BWC must remain on until the enforcement action is concluded and the inspector has left the premises, subject to the exceptions in

Section 4. SECTION 3: NOTICE AND CONSENT (Navigating NJ Wiretapping Laws)

(a) Affirmative Notice: Although New Jersey is a one-party consent state for audio recording, to foster cooperation and transparency, the Inspector must plainly announce the recording immediately upon initiating contact. Required Statement: "Good morning/afternoon. I am [Name] from the City of Trenton. For transparency and accurate record-keeping, my body camera is recording our interaction and this inspection."

(b) Right to Refuse (Visual vs. Entry): 1) If a tenant or owner consents to the inspection but refuses the recording inside a private residence, the Inspector may continue the inspection without the camera ONLY IF a second City Inspector is present to serve as a witness.

2) If no second witness is available, and the occupant refuses the camera, the Inspector shall terminate the entry and the Department may seek an Administrative Search Warrant to compel entry with the recording device if deemed necessary for evidence preservation.

SECTION 4: PRIVACY PROTECTIONS & DEACTIVATION

(a) Sensitive Areas: Inspectors shall generally not record inside bathrooms or occupied bedrooms unless the specific code violation being documented exists within that room (e.g., a leaking pipe in a bathroom).

(b) "Mute" Function: If a tenant wishes to discuss sensitive personal information (e.g., medical conditions, financial hardship) unrelated to the physical condition of the property, the Inspector may temporarily mute the audio while leaving the video running, provided they narrate the reason for muting prior to doing so.

(c) Unexpected Exposure: If the BWC inadvertently captures nudity or intimate personal items, the Inspector must note the timestamp in their report. This portion of the footage shall be legally redacted from any public release.

SECTION 5: DATA RETENTION & CHAIN OF CUSTODY

(a) Security: BWC data shall be uploaded to a secure, encrypted server (e.g., Evidence.com or equivalent) at the end of every shift. Inspectors are strictly prohibited from editing, deleting, or copying footage to personal devices.

(b) Retention Period:

1) Standard Footage: Retained for 180 days.

2) Violation Evidence: Footage capturing a code violation, citation, or altercation shall be retained for 3 years or until the conclusion of all administrative and judicial proceedings. (c) Access: Footage is the property of the City of Trenton. It is not public domain and may only be reviewed for official business, court proceedings, or OPRA requests.

SECTION 6: PUBLIC RECORDS (OPRA) & REDACTION (a) OPRA Compliance: BWC footage is a government record subject to the Open Public Records Act (OPRA), but strict redaction is required before release. (b) Mandatory Redaction: Before releasing video to a landlord, tenant, or third party, the City Law Department must redact:

1) Faces of minors.

2) Interior of a residence not relevant to the specific violation cited.

3) Personal financial documents or medical supplies visible in the background. (c) Tenant Protection: Footage of a tenant’s living space shall not be released to a landlord for retaliation purposes. Release to landlords is limited to the specific frames showing the physical code violation (e.g., the hole in the wall), not the tenant’s personal belongings.

SECTION 7: PENALTIES FOR MISUSE Any City employee found to be using BWC footage for personal use, sharing it on social media, or failing to record mandatory inspections shall be subject to disciplinary action, up to and including termination.