#5 Introduce and schedule public hearing on ordinance to prohibit unlawful use of computerized communication systems (File Ord. #2011-479)
CITY ATTORNEY’S OFFICE MEMORANDUM
March 3, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
creating JGO Section 9.39.025 and amending JGO Section 9.39.030
prohibiting the Unlawful Use of Computerized Communication Systems in
the City of Janesville. (File Ord. No. 2011-479)
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance 2011-479 creating JGO
Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the Unlawful Use of
Computerized Communication Systems in the City of Janesville.
City Manager’s Recommendation
The City Manager concurs with the staff recommendation.
Suggested Motion
I move to adopt Proposed Ordinance No. 2011-479.
Background
Janesville Police Officer Jeffrey Justman brought to my attention the increase in calls for
service that the Janesville Police Department has been receiving for threatening,
abusive, and harassing conduct that has been occurring via the use of text messaging,
electronic mail, and other computerized communication systems.
Janesville ordinances currently prohibit various types of conduct that harasses,
threatens, or intends to inflict injury on another via the unlawful use of a telephone in
J.G.O. 9.39.020. This proposed ordinance would update Janesville ordinances to
prohibit similar conduct that occurs via the use of text messaging, electronic mail, and
other computerized communication systems. The proposed ordinance is similar to the
prohibition for unlawful use of computerized communication systems in the Wisconsin
Statutes in Wis. Stat. § 947.0125.
Analysis
Proposed Ordinance No. 2011-479 updates Janesville ordinances so as to keep up with
the change in technology to prohibit various types of conduct that harasses, threatens,
or intends to inflict injury on another via the use of computerized communication
systems.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
ORDINANCE NO. 2011 - 479
An ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting
the Unlawful Use of Computerized Communication Systems in the City of Janesville with
penalties as set forth in amended JGO 9.39.030.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Section 9.39.025 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
9.39.025 Unlawful use of computerized communication systems
.
A.
“Message” is defined in this section as any transfer of signs, signals, writing,
images, sounds, data or intelligence of any nature, or any transfer of a computer program as
defined in Section 943.70(1)(c) of the Wisconsin Statutes as from time to time amended or
renumbered.
B.
No person shall do any of the following:
1.
With intent to frighten, intimidate, threaten, abuse, annoy, offend, or
harass another person, send a message to the person or with a reasonable expectation that the
person will receive the message on an electronic mail or other computerized communication
system and in that message threaten to inflict injury or physical harm to any person or the
property of any person.
2.
With intent to frighten, intimidate, threaten, abuse, annoy, offend, or
harass another person, send a message on an electronic mail or other computerized
communication system to the person or with a reasonable expectation that the person will receive
the message and in that message use any obscene, lewd or profane language, or suggest any lewd
or lascivious act.
3.
With intent to frighten, intimidate, threaten, abuse, annoy, offend, or
harass another person, send a message to the person or with the reasonable expectation that the
person will receive the message on an electronic mail or other computerized communication
system while intentionally preventing or attempt to prevent the disclosure of his or her own
identity.
4.
With intent solely to harass or annoy another person, send repeated
messages to the person or with the reasonable expectation that the person will receive the
messages on an electronic mail or other computerized communication system.
5.
With intent to harass or annoy another person, send a message to the
person or with the reasonable expectation that the person will receive the message on an
electronic mail or other computerized communication system while intentionally preventing or
attempting to prevent the disclosure of his or her identity.
6.
Knowingly permit or direct another person to send a message prohibited
by this section from any computer terminal or other device that is used to send messages on an
electronic mail or other computerized communication system and that is under his or her control.
SECTION II.
Section 9.39.030 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.39.030 Violation--Penalty
. The penalty for violating Section 9.39.010 or Section
9.39.020 any provision set forth in this chapter shall be a forfeiture to the city of not less than
fifty dollars nor more than five hundred dollars together with the costs of prosecution, or in
default of payment of such forfeiture and costs, imprisonment in the county jail for not less than
five nor more than sixty days.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
____________________________________
Assistant City Attorney
Proposed by: Police Department
Prepared by: Police Department & Assistant City
Attorney