5.32.290 Violations--Penalties.

A. It is 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 in full force and effect.
B. It is unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system within the city for the purpose of enabling such person, firm or corporation, 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 is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
D. Liquidated damages shall be assessed in an amount not to exceed one hundred dollars per day or, where it is determined on the basis of expert professional opinion that there is a failure to meet the technical performance standards specified in this chapter, not to exceed two hundred fifty dollars per day, for the grantee's violation or failure to take corrective action with respect to a violation of any provision of this chapter, provided that such remedy may only be imposed by the city council after compliance with the procedure set forth in this chapter for notice and hearing before the city council. Such damages shall be assessed by the grantor only where the amount of actual damages is impractical or extremely difficult to establish. (Prior code § 7-29)