[Adopted 4-17-2007 by L.L. No. 3-2007]
This article shall be known as the "Saratoga County Wireless
911 Call Routing Law."
This article 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 Board of Supervisors 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 is in imminent
danger that appropriate assistance must be rendered as expeditiously
as possible.
B.
This Board of Supervisors 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 Saratoga County are rerouted to anywhere other than
directly to the single Countywide Saratoga County Public Safety Answering
Point (PSAP) which is under the jurisdiction of the Saratoga County
Sheriff's Department.
C.
The Board of Supervisors further finds that a major obstacle to the
prompt response to emergency wireless requests for assistance in Saratoga
County is the failure of one or more wireless telephone service suppliers
to directly route such calls to the Saratoga County Public Safety
Answering Point (PSAP).
D.
The Board of Supervisors further finds that the Saratoga County Public
Safety Answering Point (PSAP) has the most accurate, current and extensive
knowledge of Saratoga County's geography, roadways, landmarks, emergency
service resources and similar information of critical importance in
emergent situations and can immediately dispatch the number and type
of emergency services the situation requires.
E.
The Board of Supervisors further finds and declares that by the enactment
of the provisions of this article, it is the intent of the Board of
Supervisors 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 Saratoga County Public Safety Answering Point (PSAP) so as
to facilitate the rendering of emergency services as expeditiously
and effectively as possible.
As used in this article, the following terms shall have the
meanings indicated:
The site designated and operated by the County of Saratoga
through its Sheriff's Department for the purpose of receiving emergency
calls including those from a wireless telephone service and dispatching
needed emergency services.
All commercial mobile services, as that term is defined in
47 U.S.C. § 332(d), 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 licensees, which offer real time, two-way
voice service that is interconnected with the public switched telephone
network.
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 Saratoga
County shall route all 911 emergency calls to the Saratoga County
Public Safety Answering Point (PSAP).
A.
No wireless telephone service supplier shall knowingly fail to route wireless 911 telephone calls originating within Saratoga County to the Saratoga County PSAP as required by § 133-23 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 whereby 911 calls are routed other than as provided in § 133-23 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 Saratoga County to other than the Saratoga County
Public Safety Answering Point (PSAP).
A.
Any person or entity violating this article shall be guilty of an
unclassified misdemeanor and shall be subject to a fine not exceeding
$500 or imprisonment for a period not to exceed three months or both
such fine and imprisonment for each offense. For purpose of this article,
each improperly routed 911 call shall constitute a separate offense.
B.
The Board of Supervisors is authorized to pursue any appropriate
legal remedy including but not limited to injunction to effectuate
the purposes of this article.