Updated on 08/08/2020Sat 184118.89

docs/d01/c09/index.rst

@@ -3081,116 +3081,116 @@ Any violation by a gun offender of this chapter or of rules and regulations esta
 
 
 
-Chapter 7: Unauthorized Recording In A Place of Public Performance
+Chapter 8: Silver Alert System
 --------------------------------------------------
 
 
 
-*§ 10-701 Definitions.* ::
+*§ 10-801 Definitions.* ::
 
 
-Whenever used in this chapter, the following terms shall have the following meanings:
+a. "Administering agency" shall mean any city agency, office, department, division, bureau or institution of government, the expenses of which are paid in whole or in part from the city treasury, as the mayor shall designate.
 
-a. "Recording device" means a photographic or video camera, or any audio and/or visual recording function of any device used for recording or transmitting sound, picture, or both, of a live performance or motion picture.
+b. "Silver alert" shall mean the communication to the public by a city agency of identifying information concerning a vulnerable senior who is reported missing to a law enforcement agency under circumstances indicating that the person is in imminent danger of serious bodily harm or death.
 
-b. "Place of public performance" means (1) a theater that is used primarily for the exhibition of motion pictures or (2) any venue that is used for the exhibition of motion pictures or used for live theatrical or musical performances at which the operator posts a sign that meets the requirements of section 10-705 of this article.
+c. "Vulnerable senior" shall mean a person who is sixty-five years of age or older with dementia, as a result of Alzheimer's disease or a similar condition.
 
-c. "Unauthorized operation" means operation conducted without written authority or permission from the owner, operator, manager or other person having control of a place of public performance.
 
 
 
 
 
+*§ 10-802 Silver alert system.* ::
 
-*§ 10-702 Unauthorized operation of a recording device in a place of public performance prohibited.* ::
 
+The administering agency shall establish a silver alert system, pursuant to the provisions of this chapter of the code, that will provide rapid notification to the public when a vulnerable senior is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death.
 
-No person may engage in or cause or permit another to engage in the unauthorized operation of a recording device in a place of public performance.
 
 
 
 
 
+*§ 10-803 Procedures.* ::
 
-*§ 10-703 Penalties.* ::
 
+a. The administering agency shall develop a protocol for notification to organizations such as media organizations, senior service providers, medical facilities and community organizations when a silver alert is issued.
 
-Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which, upon a first conviction, shall be punishable by a term of imprisonment not to exceed six months, by a fine of not less than one thousand dollars nor more than five thousand dollars, or both such fine and imprisonment, and be subject to a civil penalty not to exceed five thousand dollars. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which, upon a second and any subsequent conviction occurring within one year of a first conviction, shall be punishable by a term of imprisonment not to exceed one year, by a fine of not less than five thousand dollars nor more than ten thousand dollars, or both such fine and imprisonment, and be subject to a civil penalty not to exceed ten thousand dollars. Such penalty shall be in addition to any other penalties or sanctions that may be imposed, and such penalties shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such action.
+b. The administering agency shall, as appropriate, consult with other city agencies, including, but not limited to, the police department, the fire department, the office of emergency management, the human resources administration, the department for the aging, the department of health and mental hygiene and the department of transportation, to collect and disseminate information regarding the person for whom the silver alert was issued.
 
+c. The administering agency shall issue a silver alert within twenty-four hours of the determination that a vulnerable senior has been reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death. The silver alert may be issued by any appropriate means, including, but not limited to, email notifications, text messages, telephone calls, television broadcasts or radio broadcasts. The silver alert may be issued at repeated intervals within the discretion of the administering agency until such missing person is found or until the administering agency determines that the issuance of a silver alert is no longer appropriate.
 
+d. The information about the person for whom the silver alert was issued, if available and capable of transmission, shall include, but not be limited to: (1) the person's name; (2) the person's age; (3) a physical description of the person; (4) the last known location where the person was seen, which shall not include the exact address of the person's home; (5) a recent photograph of the person; and (6) a description of any motor vehicle the person may have been driving, provided that the administering agency may refrain from disclosing any such information if disclosure is inappropriate under the circumstances.
 
+e. The administering agency may use its discretion to issue a silver alert for a person under the age of 65 who is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death, where such missing person has dementia, as a result of Alzheimer's disease or a similar condition.
 
 
 
-*§ 10-704 Exception.* ::
 
+Chapter 7: Unauthorized Recording In A Place of Public Performance
+--------------------------------------------------
 
-This section shall not be interpreted to impair or restrict any law enforcement personnel or employees of governmental agencies or other entities, public or private, who, in the course of their employment, attempt to capture any visual image, sound recording, or other physical impression: (i) of a person engaging in criminal or otherwise illegal activity; or (ii) while conducting an investigation, surveillance, or monitoring of any person to obtain evidence of suspected illegal activity, including the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law or pattern of business practices adversely affecting public health or safety.
 
 
+*§ 10-701 Definitions.* ::
 
 
+Whenever used in this chapter, the following terms shall have the following meanings:
 
+a. "Recording device" means a photographic or video camera, or any audio and/or visual recording function of any device used for recording or transmitting sound, picture, or both, of a live performance or motion picture.
 
-*§ 10-705 Signage.* ::
+b. "Place of public performance" means (1) a theater that is used primarily for the exhibition of motion pictures or (2) any venue that is used for the exhibition of motion pictures or used for live theatrical or musical performances at which the operator posts a sign that meets the requirements of section 10-705 of this article.
 
+c. "Unauthorized operation" means operation conducted without written authority or permission from the owner, operator, manager or other person having control of a place of public performance.
 
-The operator of a venue as defined by paragraph (2) of subdivision b of § 10-701 of this subchapter may prominently display at the entrance to such venue, a sign stating in conspicuous letters that are at least three-fourths of an inch high that the unauthorized operation of a recording device at such place of public performance is prohibited by law and is punishable by criminal and civil penalties.
 
 
 
 
 
+*§ 10-702 Unauthorized operation of a recording device in a place of public performance prohibited.* ::
 
-*§ 10-706 Rule-making authority.* ::
 
+No person may engage in or cause or permit another to engage in the unauthorized operation of a recording device in a place of public performance.
 
-The police department may promulgate rules as necessary to carry out the provisions of this chapter.
 
 
 
 
-Chapter 8: Silver Alert System
---------------------------------------------------
 
+*§ 10-703 Penalties.* ::
 
 
-*§ 10-801 Definitions.* ::
+Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which, upon a first conviction, shall be punishable by a term of imprisonment not to exceed six months, by a fine of not less than one thousand dollars nor more than five thousand dollars, or both such fine and imprisonment, and be subject to a civil penalty not to exceed five thousand dollars. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which, upon a second and any subsequent conviction occurring within one year of a first conviction, shall be punishable by a term of imprisonment not to exceed one year, by a fine of not less than five thousand dollars nor more than ten thousand dollars, or both such fine and imprisonment, and be subject to a civil penalty not to exceed ten thousand dollars. Such penalty shall be in addition to any other penalties or sanctions that may be imposed, and such penalties shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such action.
 
 
-a. "Administering agency" shall mean any city agency, office, department, division, bureau or institution of government, the expenses of which are paid in whole or in part from the city treasury, as the mayor shall designate.
 
-b. "Silver alert" shall mean the communication to the public by a city agency of identifying information concerning a vulnerable senior who is reported missing to a law enforcement agency under circumstances indicating that the person is in imminent danger of serious bodily harm or death.
 
-c. "Vulnerable senior" shall mean a person who is sixty-five years of age or older with dementia, as a result of Alzheimer's disease or a similar condition.
 
 
+*§ 10-704 Exception.* ::
 
 
+This section shall not be interpreted to impair or restrict any law enforcement personnel or employees of governmental agencies or other entities, public or private, who, in the course of their employment, attempt to capture any visual image, sound recording, or other physical impression: (i) of a person engaging in criminal or otherwise illegal activity; or (ii) while conducting an investigation, surveillance, or monitoring of any person to obtain evidence of suspected illegal activity, including the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law or pattern of business practices adversely affecting public health or safety.
 
 
-*§ 10-802 Silver alert system.* ::
 
 
-The administering agency shall establish a silver alert system, pursuant to the provisions of this chapter of the code, that will provide rapid notification to the public when a vulnerable senior is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death.
 
 
+*§ 10-705 Signage.* ::
 
 
+The operator of a venue as defined by paragraph (2) of subdivision b of § 10-701 of this subchapter may prominently display at the entrance to such venue, a sign stating in conspicuous letters that are at least three-fourths of an inch high that the unauthorized operation of a recording device at such place of public performance is prohibited by law and is punishable by criminal and civil penalties.
 
 
-*§ 10-803 Procedures.* ::
 
 
-a. The administering agency shall develop a protocol for notification to organizations such as media organizations, senior service providers, medical facilities and community organizations when a silver alert is issued.
 
-b. The administering agency shall, as appropriate, consult with other city agencies, including, but not limited to, the police department, the fire department, the office of emergency management, the human resources administration, the department for the aging, the department of health and mental hygiene and the department of transportation, to collect and disseminate information regarding the person for whom the silver alert was issued.
 
-c. The administering agency shall issue a silver alert within twenty-four hours of the determination that a vulnerable senior has been reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death. The silver alert may be issued by any appropriate means, including, but not limited to, email notifications, text messages, telephone calls, television broadcasts or radio broadcasts. The silver alert may be issued at repeated intervals within the discretion of the administering agency until such missing person is found or until the administering agency determines that the issuance of a silver alert is no longer appropriate.
+*§ 10-706 Rule-making authority.* ::
 
-d. The information about the person for whom the silver alert was issued, if available and capable of transmission, shall include, but not be limited to: (1) the person's name; (2) the person's age; (3) a physical description of the person; (4) the last known location where the person was seen, which shall not include the exact address of the person's home; (5) a recent photograph of the person; and (6) a description of any motor vehicle the person may have been driving, provided that the administering agency may refrain from disclosing any such information if disclosure is inappropriate under the circumstances.
 
-e. The administering agency may use its discretion to issue a silver alert for a person under the age of 65 who is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death, where such missing person has dementia, as a result of Alzheimer's disease or a similar condition.
+The police department may promulgate rules as necessary to carry out the provisions of this chapter.