[HISTORY: Adopted by the Legislature of the County of Putnam 5-1-2001 by L.L. No. 11-2001. Amendments noted where applicable.]
This chapter shall be known as the "Putnam County Wireless 911 Call Routing Law."
This chapter is enacted under authority of § 10 of the Municipal Home Rule Law of the State of New York, Article IX of the State Constitution of New York, the County Law, and other applicable statutory and decisional law.
A. 
This Legislature recognizes the paramount importance of the health, safety and welfare of the citizens of the County and further recognizes that when the lives or property of its citizens are in imminent danger that appropriate assistance must be rendered as expeditiously as possible.
B. 
This Legislature recognizes further that such assistance is increasingly summoned by wireless communications including, but not limited to cellular phones, and that unintentional, though avoidable, delays in reaching appropriate emergency aid can and do occur to the detriment and jeopardy of life and property when such wireless 911 calls from within Putnam County are routed to anywhere other than directly to the single County-wide Putnam County Public Service Answering Point (PSAP) as designated by the Putnam County Legislature.
C. 
This Legislature further finds that a major obstacle to the prompt response to emergency wireless requests for assistance in Putnam County is the failure of one or more wireless telephone service suppliers to directly route such calls to the Putnam County Public Service Answering Point (PSAP).
D. 
The Legislature further finds that the Putnam County Public Service Answering Point (PSAP) has the most accurate, current and extensive knowledge of Putnam County's geography, roadways, landmarks, emergency service resources and similar information of critical importance in emergency situations and can immediately dispatch the number and type of emergency services the situation requires.
E. 
This Legislature further finds and declares that, by the enactment of the provisions of this chapter, it is the intent of the Legislature to fulfill its obligation to provide for the health, safety and welfare of the people of this County by mandating the direct routing of all 911 calls, including wireless calls, by service suppliers directly to the Putnam County Public Service Answering Point (PSAP) so as to facilitate the rendering of emergency services as expeditiously and effectively as possible.
For the purpose of this chapter, the following terms shall have the meanings indicated:
PUTNAM COUNTY PUBLIC SERVICE ANSWERING POINT orPUTNAM COUNTY PSAP
The site designated and operated by the County of Putnam for the purpose of receiving emergency calls, including those from a wireless telephone service and dispatching-needed emergency services.
WIRELESS TELEPHONE SERVICE
All commercial mobile services, as that term is defined in § 332 (d) of Title 47, United States Code, including all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent wide-area specialized mobile radio licenses, which offer real time, two-way voice service that is interconnected with the public switched telephone network.
WIRELESS TELEPHONE SERVICE SUPPLIER
Any corporation or person as defined in § 1080 of the Tax Law which provides wireless telephone service in New York State.
All wireless telephone service suppliers doing business in Putnam County shall route all 911 emergency calls to the Putnam County Public Service Answering Point (PSAP).
A. 
No wireless telephone service supplier shall knowingly fail to route wireless 911 telephone calls originating within Putnam County to the Putnam County PSAP as required by § 230-5 above.
B. 
No owner, official, employee, or agent of a wireless telephone supplier shall design, implement, arrange or cause, either directly or indirectly, a process or activity where 911 calls are routed other than as provided in § 230-5 above.
C. 
No person or entity shall either directly or indirectly solicit, suggest, implore, agree, or otherwise take action so as to cause or seek to cause a wireless telephone service supplier to route wireless 911 calls from within Putnam County to other than the Putnam County Public Service Answering Point (PSAP).
Any person or entity violating this local law shall be guilty of an unclassified misdemeanor or shall be subject to a fine not exceeding $500 and/or to a period of confinement in the Putnam County Correctional Facility for a period not to exceed three months for each offense. For the purpose of this chapter, each improperly routed 911 call shall constitute a separate offense.
A. 
In addition to the sanctions provided in § 230-7 above, any wireless telephone service supplier failing to observe the requirements of § 230-5 above shall be liable for personal injury, including death, and/or property damage caused or exacerbated by reason of said failure.
B. 
The County Executive is authorized to pursue any appropriate legal remedy including, but not limited to injunction, to effectuate the purposes of this local law.
This chapter is separate and apart from any other local law, and each provision hereof is separate from any other provision. If this chapter or portion thereof is found to be invalid, no other law or unaffected portion of this chapter shall be affected thereby and shall remain in full force and effect.
This chapter shall be effective 30 days after it is enacted by this Legislature.