§ 5-10.18. Violations.

(a)

It shall be unlawful for any person to construct, install, or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a cable television system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is unexpired, has not been revoked, and is in full force and effect, or unless specifically permitted by the Council as expressed by resolution.

The provisions of this subsection shall not apply to a cable television operator operating within the City pursuant to a valid franchise issued by the City or its predecessor. Violation hereof shall, in addition to all other remedies available to the City, subject the violator to a penalty or fine of One Thousand and no/100ths ($1,000.00) Dollars per day for each day of operation without a valid franchise, whether the lack thereof be by virtue of never having been granted, termination, expiration, or revocation of the franchise.

(b)

It shall be unlawful for any person to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, within the City for the purpose of enabling himself or others to receive or use any television signal, radio signal, picture, program, or sound without payment to the owner of such system.

(c)

It shall be unlawful for any person, without the consent of the grantee, to willfully tamper with, remove, or injure any cable, wire, or equipment used for the distribution of television signals, radio signals, pictures, programs, or sound.

(d)

It shall be unlawful for any grantee, either directly or through its employees or agents, to violate any provision of this chapter.

(e)

Violation of this chapter shall be enforceable civilly or punishable criminally, as a misdemeanor or infraction, at the discretion of the City Attorney.

(§ 2, Ord. 719, eff. January 4, 1990)