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s Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) ^ l ^ ^ y ^ ^ ^ Texl of law should be given as amended. Do not include matler being eliminated and dcEol uie ^ ^ italics or underlinine to indicate new matter. • OCT 09 -m Local Law No 0.4 _ - of the year 2a-Ql A locai iaw... Providing. For Be it enacted by the Le^slature _ ofthe (Name ofLegislative Body) County ^113* •Village " f * ^ of Cortland _ as follows: "lU W11 DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) ---PAGE BREAK--- LOCAL LAW NO. 04 A COUNTY LOCAL LAW PROVIDING FOR THE MANDATORY ROUTING OF ALL WIRELESS 9-1-1 CALLS Be in enacted by the Cortland County Legislature as follows: Section 1. Name. This local law shall be known as the Cortland County Wireless 9-1-1 Call Routing Law. Section 2. Authority. This local law is enacted under authority of Section 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 odier applicable statutory and decisional law. Section 3. Findings and Declaration of Intent. This County 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. This County 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 9-1-1 calls from within Cortland County are routed to anywhere other than directly to the single coimtywide Cortland County Public Service Answering Point (PSAP) which is under the jurisdiction ofthe Cortland Coimty Sheriffs Office. This County Legislature further finds that a major obstacle to the prompt response to emergent wireless requests for assistance in Cortland County is the failure of one or more wireless telephone service suppliers to directly route such calls to the Cortland County Public Service Answering Point (PSAP). The Cortland County Legislature further fmds that the Cortland County Public Service Answering Point (PSAP) has the most accurate, current and extensive knowledge of Cortland 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. This County Legislature further finds and declares that, by the enactment of the provisions of this local law, it is the intent of the Legislature to fulfill its obligation to provide for the health, safety and welfare of the people ofthis County by mandating the direct routing of all 9-1-1 calls, including wireless calls, by service suppliers directly to the Cortland County Public Service Answering Point (PSAP) so as to facilitate the rendering of emergency services as expeditiously and effectively as possible. Section 4. Definitions. For the purpose ofthis law a) "Wireless telephone service" means all commercial mobile services, as that term is defined in section 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 licensees, which ---PAGE BREAK--- offer real time, two-way voice service that is interconnected with the public switched telephone network. b) "Wireless telephone service supplier" means any corporation or person as defined in section ten hundred eighty of the Tax Law which provides wireless telephone service in New York State. c) "Cortland Coimty Public Service Answering Poinf or "Cortland Coimty PSAP" means the site designated and operated by the County of Cortland through its Sheriffs Office for the purpose of receiving emergency calls including those from a wireless telephone service and dispatching needed emergency services. Section 5. Routing. All wireless telephone service suppliers doing business in Cortland County shall route all 9-1-1 emergency calls to the Cortland County Public Service Answering Point (PSAP). Section 6. Prohibited Acts. a) No wireless telephone service supplier shall knowingly fail to route wireless 9-1-1 telephone calls originating within Cortland County to the Cortland County PSAP as required by Section 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 whereby 9-1-1 calls are routed other than as provided in Section 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 9-1-1 calls from within Cortland County to other than the Cortland County Public Service Answering Point (PSAP). Section 7. Sanctions. Any person or entity violating this local shall be guilty of an unclassified misdemeanor and shall be subject to a fine not exceeding five hundred dollars and / or to a period of confinement in the Cortland County Correctional Facility for a period not to exceed three months for each offense. For the purpose of this law each improperly routed 9-1-1 call shall constitute a separate offense. Section 8. Additional Remedies. a) In addition to the Sanctions provided in Section 7 above, any wireless telephone service supplier failing to observe the requirements of Section 5 above shall be liable for personal injiu*y including death and/or property damage caused or exacerbated by reason ofsaid failure. b) The Sheriff or Chairman of the Legislature is authorized to pursue any appropriate legal remedy including but not limited to injunctions to effectuate the purposes of this local law. . Section 9. Separability and Saving Provisions. This local law is separate and apart from any other local law and each provision thereof is separate from any other provision. If this law or portion thereof is found to be invalid, no other law or unaffected portion of this law shall be affected thereby and shall remain in full force and effect. Section 10. Effective Date. This law shall be effective thirty days after it is enacted by this Legislature. ---PAGE BREAK--- (Compiete the certification in the paragraph that applies to the fiiing of this local iaw and strike out that which is not applicable.) 1. (Final adoption by iocal iegisiative body only.) I hereby certify that the local law annexed herelo, designated as local law No. -1)4. of of the (County)(-e^)(q^¥.^)(Villagc) of ---.Cortland was duly passed by the ...Legislature on-Sept. 26tla.. 20-0.1 in accordance with the applicable provisions of law. (Name of Legisialive Body) 2. (Passage by local legisiative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed herelo, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - and was deemed duly adopted on 20— , (Elective Chief Executive Officer*} in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. - of 20 ofthe (County)(City)(Town)( Village) of was duly passed by the on 20— , and was (approved)(not approved)(repassed after (Name of Legisialive Body) disapproval) by the on 20 Such local law was submitled (Elective Chief Execulive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vole of a majorily of the qualified electors voting thereon al the (general)(special)(annual) election held on 20--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and flnai adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed herelo, designated as local law No. of 20 ofthe (County)(City)(Town)(Village) of - was duly passed by the on 20— , and was (approved)(not approved)(repassed afler (Name of Legisialive Body) disapproval) by the on 20 Such local law was subject to (Elective Chief Execulive Officer*) permissive referendum and no valid petition requesling such referendum was filed as of 20--- , in accordance wilh the applicable provisions of law. * Elective Chief Executive Offlcer means or includes the chiefexecutive oflicer ofa county elected on a county- wide basis or, If there be none, the chairperson ofthe county legislative body, the mayor ofa city or viiiage, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances, ---PAGE BREAK--- 5. (City local law conceming Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmalive vote of a majority of the qualified electors of such city voting thereon al the (special)(general) election held on 2 0 — , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20— , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies ofsaid county as a unit and a majority ofthe qualified electors ofthe towns ofsaid county considered as a unit voting al said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certiflcation.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finaiiy adopted in the manner in- dicated in paragraph—-1 , above. Clerk of the County legislative body, City, Town or VjHage Clerk or officer designated by local legislative body (Seal) Date: October 2nd, 2001 (Certiflcation to be executed by County Attorney, Corporation Counsel, Town Attorney, Viiiage Attorney or other authorized attomey of locaiity.) STATE OF NEW YORK COUNTY OF Cortland I , the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment ofthe local law annexed hereto. County A t t o r n e y Title County of Cortland A^illagr' Dale: Ontober 2nd. 2001