Blythe Municipal Code Ch. 5.40 Community Antenna Television Systems

For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense, words in the plural number include the singular number, and words in the singular number include the plural number.

A. "CATV" means a community antenna television system as defined in this section.

B. "City" means the city of Blythe, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

C. "Community antenna television system" means a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as contemplated in this chapter.

D. "Council" means the present governing body of the city or any future board constituting the legislative body of the city.

E. "Franchise" means any authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the city. Any such authorization, in whatever term granted, shall not mean any license or permit required for the privilege of transacting and carrying on a business within the city in accordance with Chapter 5.04.

F. "Grantee" means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

G. "Gross annual receipts" means any and all compensation including installation and line extension charge, and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city.

Gross annual receipts shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.

H. "Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.

I. "Street" means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the city.

J. "Subscriber" means any person or entity receiving for any purpose the CATV service of a grantee.

(Ord. 557 § 2, 1979)

Application for a franchise, except by the existing grantee operator under this chapter shall be in writing, shall be filed with the city clerk, and shall contain the following information:

A. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

B. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

C. A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

D. A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested;

E. A statement or schedule in a form approved by the city clerk of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easement to be supplied by subscribers. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of cost of materials, labor, and easements if required by the grantee;

F. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits;

G. A statement setting forth all agreements, and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

H. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system;

I. The council may at any time demand, and applicant shall provide, such supplementary, additional or other information as the council may deem reasonably necessary to determine whether the requested franchise should be granted.

(Ord. 557 § 21(a), 1979)

Upon consideration of any such application, the council may refuse to grant the requested franchise or the council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the city. The council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

(Ord. 557 § 21(b), 1979)

A. Any franchise granted pursuant to this chapter shall include the following condition:

"The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the City of Blythe and no other purpose whatsoever."

B. Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.

(Ord. 557 § 21(c), 1979)

When and in the event that the grantee of any franchise granted under this chapter constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, said grantee shall be required to comply with all of the provisions of this chapter as a licensee, and, in such event, whenever the term "grantee" is used in this chapter, it means licensee.

(Ord. 557 § 3, 1979)

A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the city may be granted by the council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.

No provision of this chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the council it is in the public interest to restrict the number of grantees to one or more.

(Ord. 557 § 4, 1979)

A. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the city.

B. The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed and approved as in this chapter provided. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with grantee's application, beyond those presently in effect may be made without the prior approval of the council expressed by resolution.

(Ord. 557 § 5, 1979)

A. No franchise granted by the council under this chapter shall be for a term longer than fifteen years following the date of acceptance of such franchise by the grantee or the renewal thereof.

B. Any such franchise granted under this chapter may be terminated prior to its date of expiration by the council in the event that said council has found, after thirty days' notice of a hearing and full public hearing thereon, of any proposed termination that:

1. The grantee has failed to comply with any material provision of this chapter, or has, by act or omission, violated any material term or condition of any franchise or permit issued under this chapter, and has failed to make a satisfactory attempt to correct said violation after notice is given by the city;

2. Any provision of this chapter has become invalid or unenforceable and the council further finds that such provision constitutes a consideration material to the grant of said franchise; or

3. The city acquires the CATV system property of the grantee.

(Ord. 557 § 6, 1979)

Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required in this chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the council may at its option waive compliance with any or all of the requirements of Section 5.40.270.

(Ord. 557 § 22, 1979)

A. Any franchise granted under this chapter shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter.

C. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the city clerk within thirty days after any such transfer or assignment. The consent of the council may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.

F. Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city shall be subject to transfer by the city to any other officer, employee, department, or board of the city.

G. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of its enforcement.

H. The grantee shall be subject to all requirements of city ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.

I. Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the city, utility company, or from others maintaining poles in streets.

J. Any franchise granted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any CATV system in the city; and the acceptance of any franchise under this chapter shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation and maintenance by any grantee of any CATV system in the city shall be, in all instances and respects under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

(Ord. 557 § 8, 1979)

A. Any grantee granted a franchise under this chapter shall pay to the city, during the life of such franchise, a sum equal to three percent of the gross annual receipts of the grantee for the franchise period. Such payment by the grantee to the city shall be made annually, or as otherwise provided in the grantee's franchise, by delivery of the same to the city clerk.

B. The grantee shall file with the city, within thirty days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing in detail the gross annual receipts, as defined in this chapter, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the city, within fifteen days after the time for filing such statements, the sum prescribed in this section or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

C. In any year, or portion thereof, following the first full year service has been provided and during which payments under this section amount to less than twelve hundred dollars per year, grantee shall pay the city, as a minimum, an amount equal to twelve hundred dollars per year.

D. The city shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other obligation under this chapter.

E. In the event of any holding over after expiration or other termination of any franchise granted under this chapter without the consent of the city, the grantee shall pay to the city reasonable compensation and damages, of not less than fifty percent of its total gross profits during said period.

(Ord. 557 § 7, 1979)

A. Nothing in the franchise or this chapter shall limit or in any way alter the right of the city to acquire the franchisee's assets of the system by condemnation, exercise of rights of eminent domain, or otherwise, as may now or in the future be permitted by law, for such value as is now or may be permitted by law.

B. Neither the granting of any franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the city from granting any identical, or similar franchise to any other person, firm or corporation, within all or any portion of the city.

C. There is reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee, so long as they are not inconsistent with the terms of this chapter and so long as the city will give consideration to these additional or greater standards in setting subscriber rates.

D. Neither the granting of any franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

E. The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted under this chapter. The city clerk is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the city clerk may appeal the matter to the council for hearing and determination. The council may accept, reject, or modify the decision of the city clerk, and the council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter, and the city council may employ at the sole expense of the grantee a consultant to determine questions of fact concerning grantee's operation under the franchise.

(Ord. 557 § 9, 1979)

A. Within thirty days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities.

B. Within ninety days after obtaining all necessary permits, licenses and authorizations, the grantee shall commence construction and installation of the CATV system.

C. Within ninety days after the commencement of construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 5.40.270, shall be provided within one year from the date that service was first provided.

D. Failure on the part of the grantee to commence and diligently pursue any material requirements and to complete each of the matters set forth in this chapter, shall be grounds for termination of such franchise, under and pursuant to the terms of Section 5.40.080; provided, however, that the council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

(Ord. 557 § 10, 1979)

A. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the director of public works acting in the exercise of his reasonable discretion.

B. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, 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, except those installed or erected upon public utility facilities now existing, without obtaining the written approval of the director of public works.

C. In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purpose of this subsection, "underground" includes a partial underground system, e.g. streamlining. Amplifiers in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the director of public works.

(Ord. 557 § 11, 1979)

A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of nine months, or in the event such system or property has been installed in any street or public place, without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten days' notice, remove from the streets or public places all such property and poles of such system other than any which the director of public works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the director of public works.

B. Any property of the grantee remaining in place thirty days after the termination or expiration of the franchise shall be considered permanently abandoned. The director of public works may extend such time not to exceed an additional thirty days.

C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the director of public works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the city, and the grantee shall submit to the director of public works an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property.

(Ord. 557 § 12, 1979)

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the director of public works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.40.150.

(Ord. 557 § 13, 1979)

Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the director of public works, the director of public works may, at this option, cause such work to be done and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the director of public works to the grantee within thirty days after receipt of such itemized report.

(Ord. 557 § 14, 1979)

A. The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the city clerk and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond in a company and in a form approved by the city attorney, in the amount of fifteen thousand dollars, renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee fails to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee under this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed by this chapter which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days' prior written notice of intention not to renew, cancellation, or material change, be given to the city.

B. Neither the provisions of this section nor any bond accepted by the city pursuant to this section, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this chapter or for damages, either to the full amount of the bond or otherwise.

(Ord. 557 § 15, 1979)

A. The grantee shall indemnify and save harmless the city, its officers and employees, from and against any and all injury, loss, damage, cost, expenses, claims, attorneys fees, demands, actions, suits, judgment or other proceedings, or liability, including, but not limited to, any liability for inverse condemnation or failure to secure consents for programs delivered by grantee's CATV system, arising out of or in any way connected with the grant, exercise or enjoyment of the grantee's franchise, and regardless of any negligence or other acts or omissions on the part of the city, its officers and employees.

B. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the city and file with the city clerk, and at all times during the existence of any franchise granted under this chapter, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the city, its officers, boards, commission, agents and employees, in a company approved by the city clerk and a form satisfactory to the city attorney, protecting the city and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of five hundred thousand dollars for personal injury or death of any one person and five hundred thousand dollars for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

C. The policies mentioned in this section shall name the city, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the city ten days in advance of the effective date thereof. If such insurance is provided by a policy which also covers grantee or any other entity or persons other than those above named, then such policy shall contain the standard cross-liability endorsement.

(Ord. 557 § 16, 1979)

A. At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the council determines that an examination thereof is necessary or appropriate, all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(Ord. 557 § 17 (part), 1979)

A. The grantee shall prepare and furnish to the director of public works and the city clerk at the times and in the form prescribed by either of said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

B. The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the city.

C. The grantee shall file with the director of public works, on or before the last day in March of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the city.

(Ord. 557 § 17 (part), 1979)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the CATV industry, to the effect that subscribers shall receive the highest quality service technically possible.

(Ord. 557 § 18, 1979)

When not otherwise prescribed in this chapter, all matters required in this chapter to be filed with the city shall be filed with the city clerk.

(Ord. 557 § 19(a), 1979)

The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of franchise pursuant to the provisions of this chapter. Such payment shall be made within thirty days after the city furnishes the grantee with a written statement of such expenses by delivery of same to the city clerk.

(Ord. 557 § 19(b), 1979)

The grantee shall maintain an office within the city limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers.

(Ord. 557 § 19(c), 1979)

No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

(Ord. 557 § 19(d), 1979)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the city clerk.

(Ord. 557 § 20, 1979)

A. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this section and Sections 5.40.180 and 5.40.190 are done and completed, all of such things being conditions precedent to the effectiveness of any such franchise granted under this chapter. In the event any of such things are not done and completed in the time and manner required, the council may declare the franchise null and void.

B. Within twenty-five days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize, the grantee shall file with the city clerk his written acceptance, in form satisfactory to the city attorney, of the franchise, together with the board and insurance policies required by Sections 5.40.180 and 5.40.190, respectively, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the city attorney.

(Ord. 557 § 23, 1979)

A. From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means of a CATV system unless a franchise therefore has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. From and after the effective date of the ordinance codified in this chapter, 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 CATV 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.

C. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.

D. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this city for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of said system.

E. 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.

(Ord. 557 § 24, 1979)

The grantee shall in no way conduct its operation in a manner detrimental or harmful to any actual operation of any existing or future translator of television signals.

(Ord. 557 § 27, 1979)

Any person, or anyone acting on behalf of said person, violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than three hundred dollars or imprisonment in the city jail for a period not exceeding three months or by both fine and imprisonment. Each day a violation of this chapter is continued or permitted to exist without compliance constitutes a separate offense punishable upon conviction in the manner prescribed in this section.

(Ord. 557 § 28, 1979)