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File #: 140228    Version:
Type: Ordinance Status: Placed On File
File created: In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 3/29/2016
Effective date:    
Title: A substitute ordinance relating to unlocking wireless communications devices.
Sponsors: ALD. DONOVAN
Indexes: LICENSES
Attachments: 1. Hearing Notice List
Number
140228
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. DONOVAN
Title
A substitute ordinance relating to unlocking wireless communications devices.
Sections
110-20 cr
Analysis
This ordinance requires any person who unlocks a wireless communications device for a fee or other compensation to retain a legible copy of the requesting person’s government issued identification and mobile equipment identifying information. Records are to be reported to the chief of police within 24 hours in a manner prescribed by the chief of police.

Any person violating the records or reporting requirements or who unlocks a wireless communications device in violation of federal copyright law shall be subject to a forfeiture of not less than $500 nor more than $1,000 for each violation.
Body
Whereas, Cell phones and other wireless communications devices are increasingly targeted in robberies, thefts and burglaries; and

Whereas, The common council finds that one effective method for deterring these thefts, robberies and burglaries and for apprehending perpetrators is to regulate the business of providing services to unlock the hardware and programming of wireless communication devices by requiring record-keeping and reporting and by prohibiting the practices that are unlawful under federal laws designed to prevent unauthorized unlocking of these devices; and

Whereas, The common council is authorized under s. 62.11(5), Wis. Stats. and otherwise to regulate business for the protection of the health, safety and welfare of the public; now, therefore

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 110-20 of the code is created to read:

110-20. Unlocking Wireless Communication Devices.

1. DEFINITIONS. For the purposes of this section:

a. “Unlock” means any process by which the software or hardware of a wireless communication device is modified so as to permit the device's use with a service provider other than the service prov...

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