Number
111052
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A subsitute ordinance relating to harassing or obscene communications, phone calls and messages made by electronic transmission.
Sections
106-8-0 rc
106-8-2 rc
106-8-4 rc
Analysis
Current code provisions prohibit the sending of harassing or obscene phone calls. This ordinance extends these prohibitions to the sending of harassing or obscene text messages.
This ordinance also increases the range of penalties to not less than $100 nor more than $500 from $50 to $200.
Body
Part 1. Section 106-8-0, 2 and 4 of the code is repealed and recreated to read:
106-8. Harassing or Obscene Phone Calls and Messaging. Whoever does any of the following, by means of telephone calls or text messaging originating within or received within the limits of the city, may be fined not less than $100 nor more than $500 or upon default of payment shall be imprisoned as provided by law:
2. Makes a telephone call or sends a text message with the intent to abuse, threaten or harass any person receiving the call or text message.
4. Makes repeated telephone calls or sends repeated text messages solely to harass any person receiving the calls or text messages.
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
City Attorney
Drafter
LRB135768-2.1
Richard L. Withers
12/22/2011