Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.32 CABLE TELEVISION
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)
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