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2011-479 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 - - .: - • . • . ! ! : - - 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: March 28, 2011 Motion by: Steeber Second by: Brunner APPROVED: Councilmember Aye Nay Pass Absent ■ k � � Brunner X I A( /.. McDonald X Eric J. Levitt, Cit tiager Perrotto X Rashkin X ATTES Steeber X d � Truman X Jean Wulf, City Clerk - Treasure Voskuil X APPROVED AS TO FORM: l/ - Z Assistant City Attorney y _,� __ Proposed by: Police Department . ' _ � - . Prepared by: Police Department & Assistant City ^ " -- Attorney