Artesia Municipal Code Art. 7 Violations; Severability

(a) The penalties for violation of this chapter, as otherwise specified in this Code, are not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or telecommunications service provider.

(b) The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter.

(Ord. 629, § 2; Ord. 07-714, § 1)

If any provision of this chapter is determined by any court of competent jurisdiction, or by any Federal or State agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount Federal or State law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions. If that paramount Federal or State law or regulation is subsequently repealed or amended so that the provision of this chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the City and any affected video or telecommunications service provider; provided, however, that the City must give the affected video or telecommunications service provider 30 days written notice of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the video or telecommunications service provider to comply with that provision.

(Ord. 629, § 2; Ord. 07-714, § 1)