Costa Mesa Municipal Code Art. 7 Violations; Severability

(a) Any person who willfully violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1-33 of Title 1 of this Code.

(b) The misdemeanor penalty specified above in subsection (a) of this section is 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 other telecommunications service provider.

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

(Ord. No. 98-18, § 1, 6-15-98)

If any provision of this chapter is rendered invalid by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, or is determined by that court or agency to require modification in order to conform to the requirements of any paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this chapter, and such invalidity will not affect the validity and enforceability of any other provisions. If any paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this chapter that is rendered invalid or subject to modification is no longer in conflict with that law or regulation, then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 cable operator or telecommunications service provider; provided, however, that the city must give the affected cable operator 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 cable operator or telecommunications service provider to comply with that provision.

(Ord. No. 98-18, § 1, 6-15-98)