ORD20121363-Chapter 36-Clean
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
ORDINANCE NO. 1363
AN ORDINANCE TO REPEAL AND RECREATE SECTION 36.04(6)
OF THE CITY OF MUSKEGO CITY CODE
RELATED TO WIRELESS PUBLIC SAFETY COMMUNICATIONS
WHEREAS, on February 3, 2011, the City of Muskego Public Safety Answering
Point (PSAP) completed a wireless 911 telecommunications upgrade which enabled the
PSAP to receive Phase I and Phase II wireless 911 information and geographically plot
and re-bid caller location within the computerized dispatch mapping system, to allow
cellular 911 calls to be routed directly to the City of Muskego PSAP; and
WHEREAS, on April 12, 2011, the City of Muskego Common Council adopted
Resolution No. 48-2011 which declared the City of Muskego Police Department a
primary wireless 911 PSAP, in accordance with Wisconsin Statute Section
256.35(3m)(c)(6), and approve funding for the costs associated with operating a primary
wireless 911 PSAP; and
WHEREAS, the City of Muskego has completed all necessary applications and
procedures to require wireless carriers that provide service in the City of Muskego to
route cellular 911 calls originating within the City of Muskego directly to the City PSAP;
and
WHEREAS, on or about April 16, 2012, the Chief of the Public Safety and
Homeland Security Bureau for the Federal Communications Commission, James Arden
Barnett, Jr., Rear Admiral (Ret.), notified the City of Muskego Chief of Police of his
conclusion regarding the City of Muskego’s request to investigate denial of the City’s
request to telecommunications carriers to provide 911 service to the City PSAP, and
stated in relevant part that “wireless carriers who deliver 911 calls to either the City or
the County PSAP are in compliance with Section 20.18(j);” and
WHEREAS, the lack of federal regulation on this issue of whether the City or the
County can demand direct Wireless 911 routing constitutes a void in federal or State
regulation; and as to this void:
the legislature has not expressly withdrawn the power of municipalities to
act,
requiring routing to the City does not logically conflict with the State or
federal legislation,
requiring routing to the City does not defeat the purpose of the State or
federal legislation, and
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requiring routing to the City does not go against the spirit of the State or
federal legislation; and
WHEREAS, the ordinance that is hereby adopted only exerts local control over
an issue for which no control is otherwise prescribed, and for which the FCC has found
telecommunications providers will comply with applicable laws in their provision of this
service to the City PSAP; and
WHEREAS, the City of Muskego Police Department conducted a six month study
between January and June, 2011, and found that calls routed through the Waukesha
County Communications (WCC) resulted in an average 72 second delay in reaching the
City of Muskego; and
WHEREAS, in emergency situations, delay translates into personal injury,
property damage and loss of lives, and any avoidable delay is simply unacceptable; and
WHEREAS, delays as large as were discovered by the City of Muskego study
will certainly mean loss of life in the City of Muskego at some time in the future if cellular
911 calls are not routed directly to the City of Muskego PSAP; and
WHEREAS, even in the recent past, the unnecessary delay of routing cellular
911 calls through the WCC, instead of routing them directly to the City of Muskego
PSAP, has severely impaired response time and may have resulted in significant
adverse injury, including on Thursday, 8-11-11, when a call was delayed by WCC for 57
seconds before the call finally reached the City of Muskego, during which time the
patient was non-responsive, and ultimately when the City received the call and
responded, the patient had died and could not be revived; and
WHEREAS, every second matters in life and death emergency response
situations; and
WHEREAS, this change has been initiated by the Common Council and has
been duly referred to the City of Muskego Plan Commission; and
WHEREAS, the City of Muskego Plan Commission has conducted such study
and investigation as it deems desirable and has provided its report and
recommendation to the Common Council; and
WHEREAS, following the provision of Class 2 notice as described in Wisconsin
Statutes Sections 62.23(7)(d)(2), 62.23(7)(d)(1)(b), and Chapter 985, Wis. Stats., the
Common Council conducted a public hearing regarding this change; and
WHEREAS, upon consideration of the recommendation of the Plan Commission,
comments received at the public hearing in this matter, and being duly advised, and in
order to promote the health, safety, morals, prosperity, aesthetics and general welfare
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of the City of Muskego, and in order to secure safety from fire, panic and other dangers,
the City of Muskego finds that the City Code should be amended as described herein.
NOW, THEREFORE, the City of Muskego Common Council, Waukesha County,
Wisconsin, HEREBY ORDAINS as follows:
SECTION 1: Chapter 36 of the City of Muskego Municipal Code entitled
“Wireless Communications Facilities,” Section 36.04 entitled “General Performance
Standards,” subsection (6) entitled “Interference with Public Safety Communications,” is
hereby repealed and recreated with the title “Public Safety Communications,” as follows:
(6) Public Safety Communications.
(a) No new or existing telecommunications service shall
interfere with public safety telecommunications. All
applications for new service shall be accompanied by an
intermodulation study which provides a technical evaluation
of existing and proposed transmissions and indicates all
potential interference problems. Before the introduction of
new service or changes in existing service,
telecommunication providers shall notify the municipality at
least ten calendar days in advance of such changes and
allow the municipality to monitor interference levels during
the testing process.
(b) All new or existing telecommunications service providers
shall route Cellular 911 calls originating within the City of
Muskego directly to the City of Muskego Public Safety
Answering Point as demanded by the City of Muskego Chief
of Police, subject to the following. The Chief of Police shall
impose no demands that conflict with any express
requirement of any State or federal law or regulation, and all
necessary procedures to implement this change shall be
made pursuant to applicable State and federal laws.
SECTION 2: SEVERABILITY.
The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a court of competent jurisdiction to be
invalid, unlawful or unenforceable, such decision shall apply only to the specific section
or portion thereof directly specified in the decision, and shall not affect the validity of any
other provisions, sections or portions thereof of the ordinance. The remainder of the
ordinance shall remain in full force and effect. Any other ordinances whose terms are in
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conflict with the provisions of this ordinance are hereby repealed as to those terms that
conflict.
SECTION 3: EFFECTIVE DATE.
This ordinance shall be effective upon publication or posting as provided by law.
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Dated this 10 day of July, 2012.
CITY OF MUSKEGO
__________________________
Kathy Chiaverotti, Mayor
ATTEST:
_______________________
Sharon Mueller, City Clerk
This ordinance posted or published July 19, 2012