Number
011184
Version
ORIGINAL
Reference
Sponsor
ALD. RICHARDS, NARDELLI, BREIER
Title
An ordinance relating to the inspection or copying of plans for secure structures.
...Sections
311 cr
Analysis
Pursuant to s. 101.12 (5), Wis. Stats., this ordinance provides for restricting the inspection and copying of plans for secure structures if there is a determination that possible harm to the public interest exists if inspection or copying of such plans is permitted.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Chapter 311 of the code is created to read:
CHAPTER 311
SECURE STRUCTURE PLANS
311-1. Purpose. By reason of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attacks, sabotage or other hostile action, it is the intent of the common council by enactment of this chapter to protect lives and property and to preserve the peace, health, safety, and general welfare of the public.
311-3. Definitions. In this chapter:
1. DEPARTMENT means the department in which the plans were originally submitted or are currently retained.
2. PLANS means construction plans, designs, specifications and related materials filed with a city department concerning a structure.
3. SECURE STRUCTURE means a building or other structure of a type, which the department, city, county or state determines to have extraordinary security requirements, including but not limited to structures used:
a. For the safekeeping of large sums of money, negotiable instruments, securities or other valuables.
b. As a jail, correctional facility or other secure facility for persons in detention.
c. For the safekeeping or evaluation of evidence in criminal proceedings or investigations.
d. For the safekeeping of weapons, ordinances or explosives.
e. In the generation, transmission or distribution of electric power, fuels or communication.
f. As a fire department or hospital facility.
g. For the purposes of municipal government, including but not limited to water distribution pumping stations.
h. For the purposes of state or federal government.
i. For the facilitating of a large number of people, including but not limited to museums and sports venues.
j. As transportation facilities.
311-5. Inspection or Copying of Plans. 1. APPLICATION. Pursuant to s. 101.12 (5)(b), Wis. Stats., as amended, a person requesting to inspect or copy plans shall submit a written application identifying the structure or proposed structure whose plans are sought to be inspected or copied, providing the full name and address of the requestor and stating that any information obtained from the inspection or copying will not be used for any unlawful or unfair competitive purposes and that the information set forth in the application is true and accurate. The department shall promptly transmit a copy of the application to the owner of the structure and the submitter of the plans being inspected or copied.
2. RESTRICTION. Pursuant to s. 101-12 (5)(c), Wis. Stats., as amended, if a submitted application requests inspection or copying of plans for any secure structure or proposed secure structure, the department shall consider the information supplied in the application and weigh the possible harm to the public interest which may result from permitting inspection and copying of the plans against the benefits of allowing such inspection or copying. If the department determines that the possible harm to the public interest outweighs the benefit to the requestor and to the public interest of allowing such inspection or copying, it may deny the application or grant it upon such conditions as it determines are necessary to protect the public interest.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB01555-1
RGP
11/29/01