Dos Palos Municipal Code Title 5 Business Licenses and Regulations

Chapters: 5 .04 Business Licenses Generally

51 (Dos Palos 10,.89)

Chapter 5.04 5.04.290 Rate-Laundries.

prohibited. leased by it, and which property is used by such

5.06.060 Operation and staff (Ord. 191 § I (part), 1976) requirements.

licensed organization prohibited. 5.06.050 Open to public.

required. not just to the members of nonprofit charitable

A bingo game shall be operated and staffed 5.06.120 License required- only by members of the nonprofit charitable Application-Issuance, denial organization which organized it. Such members when. shall not receive a profit, wage, or salary from any 5.06.130 Violation constitutes misdemeanor. bingo game. Only the organization authorized to

provision-Unlawful- or participate in the promotion, supervision or Abatement. any other phase of such game. (Ord. 191 § I (part), 1976)

Bingo games shall be permitted in the city, as authorized by Penal Code Section 326.5, only for 5.06.070 Financial interest by other than the benefit of organizations exempted from the licensed organization prohibited. payment of the bank and corporation tax by No individual, corporation, partnership, or Section 23701d of the Revenue and Taxation other legal entity except the organization autho- Code and a contribution or gift to which would rized by license to conduct a bingo game shall be a charitable contribution under Section 170( c) hold a financial interest in the conduct of such (2) of the Internal Revenue Code of 1954. (Ord. bingo game. (Ord. 191 § l (part), 1976) 191 § l (part), 1976)

No person shall receive a profit, wage, or salary All profits derived from a bingo game shall be from any bingo game authorized by Section 19 of kept in a special fund or account and shall not be Article IV of the state constitution and this chap- commingled with any other fund or account. ter. (Ord. 191 § I (part), 1976) (Ord. 191 § I (part), l 976)

63

5.06.090

5.06.090 Participation-Physical presence with the clerk accompanied by a license fee of requirement. one dollar. Such license, if issued, shall be for a No person shall be allowed to participate in a period of twelve months. If the city council finds bingo game unless the person is physically that the applicant does not qualify under the present at the time and place in which the bingo terms of this chapter, or that the conducting of game is being conducted. (Ord. 191 § 1 (part), bingo games at the particular location stated in 1976) the application will violate some other ordinance of the city, such application shall be denied.

The total value of prizes awarded during the conduct of any bingo games shall not exceed two 5.06.130 Violation constitutes misdemeanor.hundred fifty dollars in cash or kind, or both, for It is a misdemeanor for any person to violateeach separate game which is held. ( Ord. 191 § 1 any provision of this chapter. (Ord. 191 § 1 (part),(part), 1976) 1976)

As used in this chapter, "bingo" means a game 5.06.140 Operation con~ary to provision- of chance in which prizes are awarded on the Unlawful-Abatement. basis of designated numbers or symbols on a card Any bingo game conducted or operated con- which conform to numbers or symbols selected trary to the terms and provisions of this chapter at random. (Ord. 191 § I (part), 1976) and/or any participation therein contrary to the provisions of this chapter, shall be, and the same

Issuance, denial when. and the city attorney upon order of the city coun- No bingo game shall be conducted except pur- cil shall immediately commence an action or suant to a license issued by the city council. proceeding for the abatement and enjoinment Applipations for such license shall be made upon thereof in the manner provided bylaw. (Ord.191 forms supplied by the city clerk and shall be filed § I, 1976)

64

5.08.010

Chapter 5.08 stock companies, partnerships of every kind,
clubs, trusts, societies and individuals transact-
PEDDLERS, SOLICITORS AND ing and carrying on any business in the city. (Ord.
CANVASSERS 286 (part), 1989)

Sections: 5.08.020 Rate-Peddlers, solicitors and

canvassers. canvassing or soliciting orders within the city

provisions. (part), 1989)

restrictions. 5.08.030 Rate-Outdoor sales.

a fee in accordance with Section 5.04.120. (Ord.

For the purpose of this chapter, the following terms shall have the following meanings: 5.08.040 Outdoor sales-General provisions. A. "Canvasser and solicitor" means any per- Every person engaged in the business of out- son whether as agent or principal, who solicits, door sales shall have a license issued subject to canvasses or takes orders from house,to house, further terms and conditions, the violation of from place to place in the city, for any goods, any of which shall declare said license to be void: wares or merchandise or any article to be deliv- A. Premises shall be kept neat, clean and free ered some time in the future or for services to be from litter or debris and clear of weeds. performed in the-future or the making, manufac- B. No loud, boisterous or disorderly conduct turing or repairing of any article whatsoever for that disturbs the peace and quiet of the neigh- future delivery. borhood shall be permitted. R "Fixed place ofbusiness" means the prem- C. Off-street parking shall be provided so as . ises in the city occupied for the particular pur- not to disrupt normal traffic. pose of conducting a business thereat and D. Access to the premises shall be provided so regularly kept open for that purpose with a com- as not to disrupt normal traffic. (Ord. 286 (part), petent person in attendance for the purpose of 1989) conducting such business. C. "Peddler" is defined to include every per- 5.08.050 Outdoor sales-Location son not having a fixed place ofbusiness in the city • restrictions.who travels from place to place or has a stand It shall be prohibited for ariy Besonn to con- other than a stand licensed under this chapter, duct outdoor sales in any re • nual zone upon any public street, alley or other public without first obtaining a home occupation per- place, unenclosed driveway, vacant lot or parcel mit. (Ord. 286 (part), 1989) of land who sells or offers for sale any goods, wares or merchandise in his possession. 5.08.060 Application of provisions. D. "Person" means all domestic and foreign It is declared to be the intention of the council corporations, associations. syndicates, joint to make the provisions of this chapter apply to all

65 {Dos Palos 10-89)

5.08.060

business, trades, professions and callings now verified statement with the council disclosing the actually in existence or at present being operated, interstate or other character of his business entit- and to all businesses, trades, professions and call- ling such exemption. Such statement shall state ings which may hereafter be commenced within the name and location of the company or firm the city or over which the city may exercise a for which the orders are to be solicited or secured, proper jurisdiction for licensing purposes. A per- the name of the nearest local or state manager, if son shall be deemed to have commenced the any, and his address, the kind of goods, wares or operation of any such business and to be liable merchandise to be delivered, the place from ·for the payment oflicense fee by any one or more which the same are to be shipped or for- transactions within the city. ( Ord. 286 (part), warded,the method of solicitation or taking 1989) orders, the location of any warehouse, factory or plant within the state, the method of delivery, the

Every peddler, solicitor or other person claim- cant and any other facts necessary to establish ing to be entitled to exemption from the payment such claim of exemption. A copy of the order of any license provided for in this chapter upon blank, contract form or other papers used by the grounds that such license casts a burden upon such person in taking orders shall be attached to his right to engage in commerce with foreign the affidavit for the information of the council. If nations or among the several states or conflicts it appears that the applicant is entitled to such with the regulations of the United States Con- exemption, the council shall forthwith issue a gress respecting interstate commerce shall file a gratuitous license. (Ord. 286 (part), 1989)

(Dos Palos 10..89) 66

ORDINANCE 353 AN ORDINANCE OP' THE CITY OF DOS PALOS AMENDING.THE DOS PALOS MUNICIPAL CODE TITLES, CHAPTER 08 1 SECTION 020, RATE--PEDDLERS, SOLICITORS, AND CANVASSERS. The City Council hereby amends the followng: s.oa.020 Rate--Peddlers, _s·olicitors, and Canvassers/. or other temporary business licensees. Every person engaged in peddling, vending, canvassing or soliciting orders within the city shall pay a temporary business 'license fee of ;f#.i.fty two hundred ($200} dollars per day regardless of the nwnber of persons eployedt -; This. ordinance shal·l become effective on May:,1a, 2000, which is thirty days after its final passage and adoption. Ordinance 353 shall be published within fifteen days after its final passage, by one insertion in-The Dos Palos sun an adjudicated newspaper of .general circulation' available within the Qi ty. of Dos Palos. The above Ordinance was introduced after the .first reading on a ·motion by Councilmember Montejano, and seconded by Mayor pro Tem Bonds, at a regular meeting of the Dos Palos_·city Council held on April 4, 2000 and passed on a 4-0 vote, (Maiorino absent). second reading of Ordinance 353 was held at a regular meeting of the City Council of the City of Dos Palos on April 18, 2000. The adoption of Ordinance 353 was moved by councilmember Montejano, and seconded by Mayor pro Tern Bonds, and was adopted on a 5 - o vote of the members of the City Council as follows: AYES: Westlake, Bonds, Maiorino, York and Montejano. NOES: None. ABSENT: None. ATTEST:

ryWstlake, Mayor Alice Thompson,City Clerk

5.10.010

_ ... - .... __ Chapter 5.10 carrying or motor-propelled vehicle, as defined in this section, either as agent, employee or other- wise. TAXICABS D. "Street" means any place commonly used for the purpose of public travel. Sections: E. •£Street stand" means a portion of a street

s.10.020 Owner's permit. while awaiting employment, of any passenger- S.10.030 Application for permit. carrying or motor-propelled vehicle as defined in

S.10.050 Unlawful operation. F. "Taxicab" means every automobile or S.10.060 Insurance. motor-propelled vehicle of a distinctive color S.10.070 Owner operation. used for the transportation of passengers for hire

S.J0.090 Unattended taxi. defined route, and irrespective of whether the

s.10.110 Schedule of fares. the city, at rates for distance or for waiting time, s~10.120 Passenger's rights. or for both, and such vehicle is routed under the

S.10.160 Granting and revocation of ment or device by which the charge for hire of a permit. passenger-carrying vehicle is mechanically cal-

shall be indicated by means of figures. H. "Traffic authority" means the chief of 5.10.010 Definitions. police. (Ord. 221 § 2 (part), 1979) As used in this chapter, the following terms shall have the following meanings: A. "Automobile for hire" or ••vehicle for 5.10.020 Owner's permit. hire" means every automobile or motor-pro- It is unlawful for any person to operate or pe ll ed vehicle of private appearance not cause to be operated at any point in the city any equipped with a taximeter used for the transpor- taxicab or limousine unless there has been issued tation of passengers over the public streets of the by the city an owner's permit to the owner and a city and not over a defined route, and irrespec- driver's permit to the driver thereof, and unless tive of whether such operation extends beyond eac~ such permit shall be in full force and effect, the boundary limits of said city, at rates per mile, except; per trip, per hour, per day, per week, per month, A. When a vehicle which is lawfully trans- and such vehicle is routed under the direction of porting a passenger, or passengers, from a point such passenger, or passengers, or of such persons outside to a destination within this city; pro- hiring the same. vided, that no such vehicle ·shall, without such B. "Council" means the city council. • permit, solicit or accept a passenger or passengers C. ••onver'' means and includes every person from within this city for transportation to any in charge of driving oi- operating any passenger- destination whatsoever;

66-1 ( Dos PnJos I0-89)

u

5.10.020

B. When a vehicle is being operated pursuant monogram or insignia has been adopted by the to a franchise issued by the city or pursuant to applicant and approved by the chief of police authority of the Railroad Commission of the which designates the owner of the vehicle. state; , C. No permit shall be issued to any person, C. When a vehicle is being operated for the firm, or corporation whose color scheme, name, purpose of transporting bona fide pupils attend- monogram or insignia to be used on such cars ing an institution of learning between their shall be in conflict with, or imitate, any color scheme, monogram, name or insignia used byhomes and such institutions. (Ord. 221 § 2 (part), another concern operating within the city, in1979) such a manner as to be misleading or tend to deceive or defraud the public. The permits men-

The city council, in determining whether or thereof to obtain a license to engage in the busi- not public convenience and necessity exist in the ness described in the permit from the city clerk case of any application, may take into considera- upon the payment of the license fee therefor, as tion any and all facts and conditions which such provided by this chapter, and the city clerk shall council may deem pertinent and proper, includ- issue to the holder of such permit a license setting ing (but not limited to) a consideration of: forth the kind of transportation for which such A. The financial responsibility of the appli- license is issued and the year when issued. The cant; permit shall be filed with the city clerk. B. The effect of the granting of the permit D. Each applicant for taxicab permit shall be applied for on the businesses and operation of subject to normal and usual investigation and prior permittees hereunder then operating; screening by the chief of police prior to issuance C. Whether or not prior permittees here- of the taxicab permit. (Ord. 221 § 2 (part), 1979) under, then operating, are: I. Under efficient management earning a fair 5.10.050 Unlawful operation. and reasonable return of their capital devotei:l to It is unlawful for any person to drive, operate or be in charge of any passenger-carrying orsuch service, and motor-propelled vehicle as defined in this chap0 2. Under normal conditions adequately serv- ter without first having obtained a permit ining the public. (Ord. 221 § 2 (part), 1979) writing to do so from the city council upon rec- ommendation of the chief of police. Applicants

A. Applicant for such permit shall furnish two council an application in writing upon blanks to 1-1/4 x l-l/2 inch _photographs of himself and • be furnished by the city containing such informa- shall be fingerprinted by the chief of police of the tion as the city council or the chief of police may city. Applicant for such permit shall deposit an require. Every such permit so granted as pro- investigation fee of six dollars- and twenty-five vided in this chapter shall be filed with the city cents for such permit with the city license co/lec- clerk, and upon payment to him of the sum of tor and secure a receipt therefor. The fees so two dollars, he shall issue to the holder of such deposited are to cover the expenses incurred and permit a badge of such design and bearing such no refund shall be made for any reason. words and numerals as may be prescribed by the B. No taxicab permit shall be issued to any chief of police. No permit shall be issued to any person, firm or corporation until a standard, dis- driver as defined in this chapter who is under the tincti ve and uniform color scheme, name, age of eighteen years, or who, in the exercise of

67

5.10.050

reasonable discretion, the chief of police shall 5.10.070 Owner operation. deem not a fit or proper person to be in charge of No vehicle as described in Section 5.10.010 for or operate an automobile for hire, as determined which a permit has been issued shall be operated by the rules and regulations of the city coun_cil by anyone but the owner thereof or any employee of the owner. ICis unfawfulfor the pertaining to the operation of and the extent, owner or any driver of any such vehicles to enter character and quality of the service of taxicabs into any contract agreement or understanding and autos for hire; nor shall any driver's permit between themselves by the terms of which such be issued except to a citizen of the United States driver pays to, or for the account of, such owner a orto one who has regularly declared his intention fixed or determinable sum for the use of such to become a citizen. (Ord. 221 § 2 (part), 1979) vehicle. (Ord. 221 § 2 (part), 1979)

A. Before any license is issued for any vehicle It is unlawful for any of the vehicles defined in Section 5.10.010 A and F to be operated from any. or vehicles as defined in this chapter, the owner place except a stand, granted by the city council shall be required to file with the city council, and • in accordance with the provisions of this chapter, thereafter keep in full force and effect, a policy of or from a private or public garage or parking insurance in such form as the city council may space on private property; and it is unlawful for deem proper, and executed by an insurance com- the owner, driver or operator of a vehicle operat- pany approved by said city council, insuring the ing under one classification as defined in this public against any loss or damage that may result code to transfer the same to, or use the same in, to any person or property from the operation of another classification unless and until public such vehicle or vehicles, provided the minimum convenience and necessity has been established amount of recovery in such policy of insurance to do so as set forth in this chapter. (Ord. 221 § 2 specified shall not be less than the following (part), 1979) sums: I. For· the injury to any one person or the 5.10.090 Unattended taxi. death of any one person in any one A. Permits may be issued as provided in this accident ..................... $ 50,000.00 chapter by the city council upon recommenda- 2. For the injury to two or more persons, or tion of the chief of police to the owners of the vehicles defined in this chapter allowing any suchthe death of two or more persons in any one vehicles while awaiting employment to stand ataccident ..................... $100,000.00 certain designated places upon the streets of the 3. For the injury or destruction of property in city; provided, however, that no such permitany one accident .............. $ 10,000,00 shall be granted except upon written application B. All policies shall contain a provision for a of the person desiring such stand, filed with the continuing liability thereunder up to the full city council, stating the number and kind of vehi- amount of the penalty thereof, notwithstanding cle or vehicles for which the permit is sought, and any recovery thereon. the proposed location of such stand; provided C. It is unlawful for any owner to operate or also that such application must contain either the cause to be operated any vehicle without having a written or verbal approval of the occupant of the policy as described in this section in full force and first floor of that portion of the building or prop- effect at all times during the operation of such erty in front of which it is desired that said vehicle vehicles. (Ord. 221 § 2 (part), 1979) stand, or if there is a building and the first floor is

68

5.10.090

not occupied, then such perm.it may be granted E. All stands may be occupied for the full upon the written consent of the owner, agent or period of twenty-four hours; provided, however, lessee of such building or premises. that nothing contained in this chapter shall B. In addition to the number of taxicabs that authorize the establishing of a stand at any place may be permitted to stand upon the street within in the city where the standing of vehicles is pro- the limits of any block as provided in this section, hibited by law. (Ord. 221 § 2 (part), 1979) the city council may grant permission to ·a taxi- cab owner or company who has a stand upon the S.10.100 Signs. public street at a station of any steam, interurban A. Every vehicle used for carrying passengers or bus transportation system, for additional taxi- for hire while standing upon a street in the city cabs at any such stand located in front of or along awaiting employment may display a sign with the side of any such steam, interurban or bus transportation system as may be necessary to the words "For Hire''; such sign shall be of metal meet the needs of the traveling public; provided, or other material approved by the chief of police however, that the consent of the owner or oper- of a uniform size of six inches by nine inches. The ator of said steam, interurban or bus transporta- outer surface of all signs specified in this para- tion system is first obtained by said taxicab graph shall be painted, printed, or enameled. a company for said additional taxicabs. Except as dark color and the letters and figures appearing otherwise provided· in this chapter, not more thereon shall be white. than three such vehicles shall be permitted to B. Every taxicab and vehicle for hire used for stand on any one sie of a street within the limits carrying passengers for hire shall display in the of any one block having a frontage of five hun- rear of the driver's seat and in the passengers• dred feet or more, nor shall more than two such compartment and in full view of the passengers .vehicles be permitted to stand upon any one side or passenger a card not less than two inche by of such street within such block having a frontage four inches, nor. more than two and one-half ofless than five hundred feet; provided, however, inches by five inches. which shall have printed that no permit shall be issued for any stand to be thereon the owner's name. or the corporate or located within fifty feet of another such stand on fictitious name under which the owner operates, the same side of any street; and provided further, and the business address and telephone number however, that the city council may, after exercis- of such owner, together with the rates to be ing reasonable .discretion, grant from time to charged for such vehicle. time renewals or extensions of permits for stands C. Every taxicab or vehicle for hire shall have existing upon the adoption of the ordinance cod- conspicuously displayed thereon at one or more ified in this chapter. locations on the outside thereof the name of the C. It is unlawful for the owner or driver of any owner or the corporate ·or fictitious name under of the vehicles defined in this chapter to stand or which the owner operates. together with the com- cause or permit such vehicle to stand while await- ing employment at any place other than a stand pany's telephone number and t!1e cab or vehicle designated by the city council and assigned to the number. owner of said vehicle. D. Every taxicab or vehicle for hire may dis- D. It is unlawful for the owner or driver of any play an electrically lighted "vacant" sign of the vehicles defined in this chapter to leave attached to the top of such cab. Every such sign such vehicle unattended in a stand for a period of shall be not more than two and one-half inches time longer than three minutes. high and nine inches in length.

' ·---,, 69

5.10.100

rt~·\
E. It is unlawful to display any sign other than schedule of rates in effect, charged, or demanded, '.I V

those provided in this section on any of the vehi- or collected for taxicab or limousine, and to cles herein before. mentioned. without first establish a new rate or schedule of rates in lieu obtaining the_written permiss_ion of the dty thereof. council to do so. (Ord. 221 § 2 (part), 1979) E. All taxicabs and vehicles required to have taximeters under this chapter must base their

A. Unless the owner or operator is permitted placed so that the reading dial showing the in writing by the city council to post a schedule of amount to be charged shall be well lighted and fares in lieu of a taximeter, it is unlawful for any readily discernible by the passenger riding in owner operating any taxicab or vehicle for hire such taxicab. under the provisions of this chapter to operate F. It is unlawful for any driver of a taxicab or any such vehicle unless it is equipped with a vehicle for hire while carrying passengers to dis- taximeter of such type and design as may be approved by the city council. It shall be the duty play the flag attached to the taximeter in such a of every owner using taximeter to at all times position as to denote that such taxicab or vehicle keep such meter accurate, and such meter shall is.not employed, or to throw the flag of the taxi- be subject to inspection from time to time, and meter in a recording position when such cab or any inspector of the city council or peace officer vehicle is not actually employed, or to fail to is authorized at his instance or upon the com- throw the flag of such taximeter in a nonrecord- plaint ofany person to investigate such taximeter ing position at the termination of each an.d every and, upon the discovery of any inaccuracy of said service. taximeter, to remove or cause to be removed any G. The driving privileges ofanytaxicab driver such vehicle equipped with said taximeter from convicted of drunk driving or of reckless driving the streets of the city until the taximeter has been shall be ordinarily suspended and shall remaincorrectly adjusted. It is a violation to tamper with suspended until ordered reinstated by the cityany taximeter. council. B. The rate or fares to be charged to the public H. Three moving violations of either theby taxicabs or limousines operating over the municipal code of the city or the California Vehi-streets of the city shall be fixed by the city council at the time of the issuance of the owner's permit. cle Code shall be grounds for suspension or C. No rate shall be placed in effect, charged, revocation of taxicab drivers' permits and priv- demanded or collected for taxicab or limousine . ileges by the city council upon recommendation until the city council, after a hearing on its own by the chief of police. (Ord. 221 § 2 (part), 1979) motion or upon application, or upon complaint, has found and determined said rate to be just,

A. Any driver employed to carry passengersnor in any way in violation of any provision of to a definite point shall take the most direct routethis chapter or any provision of law; nor until possible that will carry the passengers safely, law-said rate to be placed in effect, charged, fully and expeditiously to their destination.demanded or collected has been approved and established by the city council. B. When a taxicab or vehicle for hire is D. The city council shall have power, upon engaged, the occupants shall have the exclusive hearing its own motion or upon complaint, to right to the full and free use of the passengers' ,_ ~investigate a single rate or fare, or the entire compartment, and it is unlawful for the owner, ~,:;_} 70

5.10.120

___........ ........... __ or driver, of said taxicab to solicit or carry addi- suspended or revoked to engage in the several tional passengers therein without the consent of classes of business mentioned in this chapter or the first occupant or occupants. (Ord. 221 § 2 to allow any such vehicle to stand while awaiting (part), 1979) employment at a location designated in such suspended or revoked permit or at any other S.10.130 P.iyment of fares. location within the city until a new permit has It is unlawful for any person to refuse to pay been procured or until the period of suspension the legal fare of any of the vehicles mentioned. in has expired; provided, however, that the chief of this chapter after having hired the same, and any police may, and he is authorized to, suspend any person who hires any vehicle defined in this of the permits mentioned in this chapter when chapter with the intent to defraud the person the pennittee has not complied with the provi- from which it is hired is guilty of a misdemeanor. sions of this chapter, or has been arrested for, or (Ord. 221 § 2 (part), 1979) convicted of, the commission ofa felony, or has been arrested for, or convicted of, bookmaking,

It is unlawful for any owner, driver or agent sale, possession, furnishing information regard- soliciting patronage for any of the vehicles men• ing or transportation of narcotics, or for assault, tioned in this chapter to misrepresent, by word, or battery, or has charged rates other than those sign, hat band, insignia or badge, the true identity which the permittee has on file with the city of the vehicle for which such patronage is sought. council or has violated any of the rules and reg- (Ord. 221 § 2 (part), 1979) ulations of the city council pertaining to the oper- ation of, and the extent. character and quality of 5.10.150 Receipt for payment. the services of taxicabs and vehicles for hire. Said It is unlawful for the operator of any taxicab or action of the chief of police in suspending any of vehicle for hire upon receiving full payment for a said permits is to be subject to the ratification and fare as indicated by the taximeter or schedule of approval of the city council at any ofits meetings fares, when such schedule is permitted in lieu of held subsequent to the action of the chief of taximeter, to refuse to give a receipt upon the police. but not later than twenty-one days there- request of any passenger making said payment. after. (Ord. 221 § 2 (part), 1979) B. All permits issued under the provisions of this chapter shall be for a period not to exceed S.10.160 Granting and revocation of permit. one year and all such permits shall expire upon A. The city council upon recommendation of the thirty-first day of December of each year at the chief of police shaU have the power to grant or deny any or all permits herein, when, in the midnight~ provided, however, that all permits exercise of reasonable discretion, it has been issued for street stands, except those issued upon determined that the applicant has or has not the written consent of a person operating a hotel complied with all the provisions of this chapter which may be renewed yearly, shall remain in relating to the granting of such permits. From the full force and effect until the same shall be can- time of the revocation, or during the suspension celled either by the city council or the chief of of any such permits, it is unlawful for any such police, or upon the request of the permittee, or person whose permit is suspended or revoked to the person who has given such written consent to drive, operate or be in charge of any of the vehi- use said stand has notified the city co.uncil that cles mentioned in this chapter. or to cause or such permission has been withdrawn. (Ord. 221 § permit the vehicles on which the permit has been 2 (part), l979)

71

5.10.170

4'-c:->:":\
1 ;:5.10.170 Service and safety. period covered thereby as long as any such vehi-

The city council and also the chief of police cle is so operated or offered for rental or hire shall have authority to adopt and promulgate within the city and as long as any license for such such rules and regulations as may be necessary operation is in effect. In the event that any person for the service and safety or the operation of the holds a valid, current license under any other code of the city of the type of vehicle referred to invehicles mentioned in this chapter. ( Ord. 221 § 2 this chapter at the time this code becomes effec-(part), 1979) tive, then and in that event credit shall be given the holder of any such license for the unexpired

Atthe time of the issuance ofany license under in the event such licensee is granted a permit this chapter to operate within the city any of the • under this chapter, but in case such licensee is not vehicles defined in Section 5.10.010, the licensee granted new permit hereunder, then and in the a shall pay to the city clerk for the city a business event any unearned portion of such existing license fee and such annual fee shall continue to license fee shall be refunded. ( Ord. 221 § 2 (part), be paid to the city for the respective license 1979)

72

-~ Chapter 5.12 5.12.280 Adoption of rules and regulations for standards of operation. CABLE TELEVISION SYSTEMS

Sections: permits and authorizations.

termination. removal of facilities at city

records. Considerations deemed

5.12.440 Safety requirements. 5.12.170 Franchise application-

for supplementary information. 5.12.460 Repair of streets and public

of processing costs. 5.12.470 Erection of poles.

subscribers. 5.12.500 Receivership.

73

5.12.010

5.12.550 Permission to traverse portion of 4. Transmitting or receiving two-way signals city to provide service outside or transmissions; city-Nongrantee's rights. 5. Transmitting and receiving all other sig-

regulations. under to be performed, as described above, shall 5.12.580 Prohibited acts. be those performed by the grantee for subscrib- 5.12.590 Federal or state jurisdiction. ers, as defined in this section, in the operation of a 5.12.600 Filing to be with city clerk. cable television or CATV system franchised by 5.12.610 Denial of service prohibited. the city and not otherwise. 5.12.620 Notice to subscriber. B. "Chief administrative officer" means the

city. designee thereof.

and affirmative action. municipal corporation of the state of California,

reorganized, consolidated, enlarged or reincor-

For the purposes of this chapter, the following D. "Council" means the governing body of terms, phrases, words, abbreviations, and their the city of Dos Palos or any future board con- derivations shall have the meaning given in this stituting the legislative body of the city. section. When not inconsistent with the context, E. "Franchise" means and includes any words used in the present tense include the future authorization granted under this chapter in tense, words in the plural number include the terms of a franchise, privilege, permit, license or singular number, and words in the singular otherwise to construct, operate, and maintain a number include the plural number: cable television system within all or a specified A. "Cable television system." "CA TV," and area in the city. Any such authorization, in what- "CTV," and "broadband two-way communica- ever form granted, shall not mean and include tions system," for the purpose of this chapter are any license or permit required for the privilege of terms describing a system employing antennae, transacting and carrying on a business within the microwave, wires, waveguides, coaxial cables, or city as required by other .ordinances and laws of other conductors, equipment, or facilities, the city. designed, constructed or used for the purposes of: F. "Grantee" means the person, firm or cor- l. Collecting and amplifying local and distant poration granted a franchise by the council under broadcast television or radio signals and dis- this chapter, and the lawful successor, transferee tributing and transmitting them; or assignee of said person, firm or corporation. 2. Transmitting original cablecast program- G. "Gross revenue" means any and all com- ming not received through television broadcast pensation and other consideration in any form signals; whatever and any contributing grant or subsidy 3. Transmitting television pictures, film and received directly or indirectly by a grantee from: videotaJ;)e programs, not received through (1) subscribers or users in payment for television broadcast television signals, whether or not or FM radio signals, reception or service received encoded or processed to permit reception by only within the city, including installation and line selected receivers; extension charges, (2) advertising or commercial

74

5.12.010

messages over the CA TV facilities, and (3) from 5.12.020 Franchise to install and operate. any other person or utilization of or connection A. A nonexclusive franchise to install, con- to the property of grantee to the extent city may struct, operate, and maintain a cable television from time to time legally impose a franchise system on streets within all or a specific portion payment on account thereof. Notwithstanding of the city may be granted by the council to any person, whether operating under an existing the above, gross annual receipts shall not include franchise, who or which offers to furnish and any taxes on services furnished by the grantee provide such system under and pursuant to the and imposed directly on any subscriber or user terms and provisions of this chapter. •by any city, state or other governmental unit and B. No provision of this chapter may be collected by the grantee for such governmental deemed or construed as to require the granting of unit. a franchise when in the opinion of the council it is H. "Person" means any natural person and in the public interest to restrict the number of all domestic and foreign corporations, associa- grantees to one or more. tions, syndicates, joint stock corporations, part- C. When and in the event that the grantee of nerships of every kind, clubs, business or any franchise granted under this chapter uses in common law trusts, and societies. his cable television system distribution channels I. "Property of grantee" means all property furnished to the grantee by a telephone company owned, installed, or used within the city by a pursuant to tariff or contract on file with a reg- grantee in the conduct of a cable television sys- ulatory body having jurisdiction and the grantee tem business under the authority of a franchise makes no use of the streets independent of such granted pursuant to this chapter. telephone company-furnished facilities, the J. "Special service area" means an area(s) of grantee shall be required to comply with all of the provisions hereof as a "licensee" and in such the city designated by the council, ifit so elects, in event whenever the term "grantee" is used herein the franchise agreement, where the franchisee it shall be deemed to mean and include may charge different rates, or provide different "licensee." (Ord. 237 § 20, 1981) service(s), than in the remainder of the city. K. "Street" means the surface, the air space above the surface and the area below the surface 5.12.030 Basic service. of any public street, other public right-of-way or The cable television system permitted to be public place, including public utility easements. installed and operated under this chapter shall: A. Be operationally capable of relaying to L. "Subscriber" or "user" means any person subscriber terminals those television and radio or entity receiving for any purpose any service of broadcast signals for the carriage of which the the grantee's cable television system including, grantee is now or hereafter authorized by the but not limited to, the conventional cable televi- Federal Communications Commission; sion system service of retransmission of televi- B. Be constructed two-way operational from sion broadcast, radio signals, grantee's original the date of system initiation: cablecasting, and the local government, educa- C. Distribute color television signals which tion and public access channels; and other serv- are received in color; ices, such as leasing of channels, data and D. Provide at least one channel, without facsimile transmission, pay television, and charge, for exclusive use of the city. Additional ' police, fire and similar public service commu- channels may be required by the city as the need, nication. (Ord. 237 § 10, 1981) in the determination of the city, arises;

75

5.12.030

E. Provide a community service channel pro- B. Upon complaint by a subscriber, make a

gram, as defined by Government Code Section demonstration satisfactory to the chief admin- 53066.1, as amended, plus any additional istrative officer that a signal is being delivered requirements which the council may, from time which is of sufficient strength and quality to meet to time, impose; the standards set forth in the regulations of the F. Provide, at a minimum, a fully equipped Federal Communications Commission; permanent studio within the city limits, for pub- C. Render efficient service, making repairs lic and municipal use, plus such other mobile promptly and interrupting service only for good and portable studios as are, from time to time, cause and for the shortest time possible. Planned necessary; interruptions, insofar as possible, shall be pre- G. Consist of state of the art technology and ceded by notice given to subscribers twenty-four be at least equivalent in capacity and capability hours in advance and shall occur during periods to those cable television systems constructed and of minimum use of the system;_ operated in adjacent cities. (Ord. 237 § 30(a), D. Maintain an office in the city, which office shall be open during all usual business hours, 1981) with its telephone number listed in directories of the telephone company serving the city, and be

The cable television system permitted to be repairs or adjustment may be received at any installed and operated under this chapter may time, day or night, seven days a week, or provide also engage in the business of: a local telephone directory listing and "toll free" A. Transmitting original cablecast program- telephone service maintained on a seven-day, ming not received through television broadcast twenty-four-hour basis for the receipt of con- signals; sumer complaints; B. Transmitting television pictures, film and E. Maintain a written record, or "log," listing videotape programs, not received through date of customer complaints, identifying the sub- broadcast television signals, whether ot not scriber and describing the nature of the com- encoded or processed to permit reception by only plaint, and when and what action was taken by selected receivers or subscribers; grantee in response thereto; said record shall be C. Transmitting and receiving all other sig- kept at grantee's local office, for a period of five nals: digital, voice and audio-visual. (Ord. 237 § years from the date of complaint, and shall be 30(b), 1981) available for inspection during regular business hours without further notice or demand, by the chief administrative officer. (Ord. 237 § 30(c).5.12.050 Subscriber complaints. 1981) In addition to other service regulations adopted by the council, and excepting circum- stances beyond grantee's control such as acts of 5.12.060 Municipal service. God, riots and civil disturbances, and in provid- A. With respect to the local government ing the foregoing services, the grantee shall: channel, the grantee shall provide, at the request A. Limit system failures to minimum time of the chief administrative officer, use of duration by locating and correcting malfunc- grantee's studio, equipment and technical serv- tioning promptly, but in no event longer than ices for production oflive and video-tape munic- twenty-four hours after occurrence, irrespective ipal programs, subject to scheduling of holidays or other nonbusiness hours; requirements of the grantee.

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5.12.060

B. With respect to the basic television serv- 5.12.090 Franchise payments. ices, the grantee shall provide all subscriber serv- A. In consideration of the granting and exer- ices, and a tie-in connection, without cost, when cise of a franchise to use the streets for the the system possesses such facilities and as desig- operation of a cable television system, any nated by the council, subject to the requirements grantee shall pay to the city, during the life of the of federal law to: franchise, three percent of the franchisee's gross 1. Public schools and comm unity colleges revenues per year from all cable services in the within the city; and community except that, to the extent that the 2. Buildings owned and controlled by the city, Federal Communications Commission, in its used for public purposes and not for residential Rules and Regulations, at some time in the use (fire and police stations excepted.) (Ord. 237 future allows a city to raise the franchise fee to § 30(d), 1981) five percent absent the showings currently required by Section 76.31 of the Rules and Reg-

A. It is the desire of the city that all cable mission, the city reserves the right to increase the television systems franchised under this chapter franchise fee to a level of five percent. shall, insofar as financially and technically possi- B. The percentage payments shall be made in ble, be compatible with another and with systems the manner, and at times directed in the fran- adjacent to the city. chise or in a council resolution fixing franchise B. Wherever it is financially and technically fees and adopting rules for service and rate reg- feasible, the grantee shall so construct, operate ulation. and modify the system so as to tie the same into C. No acceptance of any payment shall be all other systems within and adjacent to the city. construed as a release or as an accord and satis- (Ord. 237 § 30(e), 1981) faction ofany claim the city may have for further or additional sums payable under this chapter or

Any franchise granted pursuant to the provi- under. sions of this chapter shall authorize and permit D. In the event that the payment required by the grantee to engage in the business of operating this section is not received by the city within the and providing a cable television system in the specified time, grantee shall pay to the city liqui- city, and for that purpose to erect, install, con- dated damages of two percent per month on the struct, repair, replace, reconstruct, maintain and unpaid balance in addition thereto. (Ord. 237 § retain in, on, over, under, upon, across and along 40, 1981) any street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, and 5.12.100 Franchise term-Duration andappliances, attachments, and other property as may be necessary and appurtenant to the cable termination. television system; and, in addition, so to use, A. The franchise granted by the council under operate, and provide similar facilities or proper- this chapter shall be for a maximum term of ties rented or leased from other persons, firms or fifteen years from the date of its acceptance by corporations, including but not limited to any the grantee. During the last year of the franchise, public utility or other grantee franchised or per- the grantee may apply to the council for a mitted to do business in the city. (Ord. 237 § renewal of the franchise. Permission to renew for 30(!), 1981) an additional equal term of fifteen years shall not

77

5.12.100

be unreasonably withheld if the grantee has sub- terminated and forfeited unless there is com- stantially complied with the terms and condi- pliance by the grantee within such period as the tions of the existing franchise. council may fix, or reduce the length of the fran- . B. The city may terminate any franchise chise by a period of time up to the duration of the granted pursuant to the provisions of this chapter failure and/or violation. in the event of the failure, refusal or neglect by G. The termination and forfeiture of any grantee to do or comply with any material franchise shall in no way affect any of the rights of requirement or limitation contained in this the city under the franchise or any provision of chapter, or any material rule or regulation of the law. . council or chief administrative officer validly H. In the event of any holding over after adopted pursuant to this chapter. expiration of any franchise granted under this C. The chief administrative officer may make chapter, without the prior consent of the city, written demand that the grantee do or comply expressed by resolution, the grantee shall pay to with any such requirement, limitation, terms, the city reasonable compensation and damages condition, rule or regulation. If the failure, of not less than one hundred percent of its gross refusal or neglect of the grantee continues for a revenue during said period. (Ord. 237 § 50, 1981) period of thirty days following such written demand, the chief administrative officer may 5.12.110 Franchise application-Information place his request for the termination of the fran- required. chise upon the next regular council meeting Each application for a franchise to construct, agenda. The chief administrative officer shall operate, or maintain any cable television systems cause to be served upon such grantee, at least ten in the city shall be filed with the city clerk and days prior to to the date of such council meeting, shall contain or be accompanied by the follow- a written notice of his intent to request such mg; termination, and the time and place of the meet- A. The name. address, and telephone number ing, notice of which shall be published by the city of the applicant: clerk at least once ten days before such meeting B. A detailed statement of the corporate or in a newspaper of general circulation within the other business entity organization of the appli- city. cant, including, but not limited to, the following D. The council shall consider the request of and to whatever extent required by the city: the chief administrative officer and shall hear I. The names, residence and business address any persons interested therein, and shall deter- of all officers, directors, and associates of the mine, in its discretion, whether or not any applicant, failure, refusal or neglect by the grantee was with 2. The names, residence and business just cause. addresses of all officers. persons and entities hav- E. If such failure, refusal or neglect by the ing, controlling, or being entitled to have or con- grantee was with just cause, the council shall trol five percent or more of the ownership of the direct the grantee to comply within such time applicant and the respective ownership share of and manner and upon such terms and conditions each such person or entity, as are reasonable. 3. The names and addresses of any parent or F. If the council shall determine such failure, subsidiary of the applicant, namely, any other refusal or neglect by the grantee was without just business entity owning or controlling applicant cause, then the council may, by resolution, in whole or in part or owned or controlled in declare that the franchise of such grantee shall be whole or in part by the applicant, and a statement ·r, --t~J 78

5.12.110

describing the nature of any such parent or sub- made against subscribers and all rates and sidiary business entity, including but not limited charges as to each of said classifications, includ- to cable television systems owned or controlled ing installation charges and service charges, by the applicant, its parent and subsidiary and 3. A detailed, informative, and referenced the areas served thereby, statement describing the actual equipment and 4. A detailed description of all previous expe- operational standards proposed by the applicant rience of the applicant in providing cable televi- and that such standards ofoperations are in com- sion system service and in related or similar pliance with those contained in Title 4 7, Subpart fields, K (Section 76.601 et seq.), of the Rules and Reg- 5. A detailed and complete financial state- ulations of the Federal Communications Com- ment of the applicant, prepared by an indepen- mission, dent certified public accountant, for the fiscal 4. A copy of the form of any agreement, year next preceding the date of the application undertaking, or other instrument proposed to be under this chapter, or a letter or other acceptable entered into between the applicant and any sub- evidence in writing from a recognized lending scriber, institution or funding source, addressed to both 5. A detailed statement setting forth in its the applicant and the council, setting forth the entirety any and all agreements and undertak- basis for a study performed by such lending ings, whether formal or informal, written, oral, institution or funding source, and a clear state- or implied, existing or proposed to exist between ment of its intent as a lending institution or any applicant and any person, firm, or corpora- funding source to provide whatever capital shall tion which materially relate or pertain to or be required by the applicant to construct and depend upon the application and the granting of operate the proposed system in ttie city, or a the franchise; statement from a certified public accountant that D. A copy of any agreement covering the applicant h:is available sufficient free, net and franchise area, if existing between the applicant uncommitted cash resources to construct and and any public utility subject to regulation by the operate the proposed system in this city, California Public Utilities Commission provid- 6. A statement identifying, by place and date, ing for the use of any facilities of the public any other cable television franchise(s) awarded to utility, including but not limited to poles, lines, the applicant, its parent or subsidiary; the status or conduits; of said franchise(s) with respect to completion E. Any other details, statements, information thereof; the total cost of completion of such sys- or references pertinent to the subject matter of tem(s), and the amount of. applicant's and its such application which shall be required or parent's or subsidiary's resources committed to requested by the council, or by any provision of the completion thereof; any other ordinance of the city (and of its Char- C. A detailed description of the proposed plan ter); ofoperation ofapplicant which shall include, but F. An application fee in the sum of one thou- not be limited to, the following: sand five hundred dollars, which shall be in the 1. A detailed map indicating all areas pro- form of cash, certified or cashier's check, or posed to be served, and a proposed time schedule money order, to pay the costs of studying, inves- for the installation of alr equipment necessary to tigating and otherwise processing such applica- become operational throughout the entire area tion, and which shall be in consideration thereof to be served, and not returnable or refundable in whole or in 2. A statement of schedule setting forth all part, except to the extent that such fee exceeds proposed classifications of rates and charges to be the actual costs incurred by the city in studying,

79

5.12.110

investigating a~d otherwise processing the clerk to publish said resolution at least once application; provided, that any applicant who within ten days of the passage thereof in a news- shall deliver to the city clerk a written withdrawal paper of general circulation within the city. (Ord. of or cancellation of any application under this 237 § 60(d), 1981) chapter not later than the seventh day next fol- lowing the day such application is received by the 5.12.150 Franchise application- city clerk, shall be entitled to have returned and Considerations deemed pertinent by refunded the sum of one thousand five hundred council. dollars, less any actual costs or expense incurred In making any determination under this chap- by the city by reason of such application. (Ord. 237 § 60(a), 1981) ter as to any application for a new franchise, or renewal thereof, the council may give due con-

sideration to the quality of the service proposed,

The council may, by advertisement or any rates to subscriber, income to the city, experi- other means, solicit and call for applications for ence, character, background, and financial cable television system franchises, and may responsibility of any applicant, and its manage- determine and fix any date upon or after which ment and owners, technical and performance the same shall be received by the city, or the date quality of equipment, willingness and ability to before which the same must be received, or the meet construction and physical requirements, date after which the same shall be received, and and to abide by policy conditions, franchise lim- may make any other determinations and specify itation requirements, and any other considera- any other times, terms, conditions, or limitations tions deemed pertinent by the council for respecting the soliciting, calling for, making and safeguarding the interest of the city and the pub- receiving of such applications. (Ord. 237 § 60(b), lic. (Ord. 237 § 60(e), 1981) 198 I)

CATV committee. denial. U pan receipt of any application for franchise, At the time set for the hearing, or at any the council shall refer the same to a CA TV com- adjournment thereof the council shall proceed mittee, appointed by the council, who shall pre- to hear all wrinen protests. Thereafter. the coun- pare a report and make their recommendations cil shall make one of the following determina- respecting such application, and cause the same tions: to be completed and filed with the council. (Ord. A. That such application(s) be denied, which 237 § 60(c), 1981) determination shall be final and conclusive; or B. That such franchise be granted and the

If the council shall determine to further con- 1981) sider the applications, it shall pass a resolution setting a public hearing for the consideration of competing applications; fixing and setting forth a 5.12.170 Franchise application-Rejection by day, hour, and place certain when and where any council. persons having any interest therein or objections The council may reject any and all applica- may file written protests and/or appear before tions and may, if it so desires, request new and/or the council and be heard, and directing the city additional proposals. (Ord. 237 § 60(g), 1981)

80

5.12.180

5.12.180 Franchise application-Request for reasonable allowance for the attorney's fees and supplementary information. costs, up to the full amount of the account. (Ord. The council may at any time demand and 237 § 70(a), 1981) applicant(s) shall provide such supplementary, additional or other information as the council 5.12.210 Performance bond for subscribers. may deem reasonably necessary to determine Upon being granted a franchise, and upon whether the requested franchise should be filing of the acceptance required under Section granted. (Ord. 237 § 60(h), 1981) 5.12.250, the grantee shall file, annually, with the city clerk, and shall thereafter during the entire term of such franchise maintain in full force and 5.12.190 Franchise application-Payment of effect a corporate surety bond, or other adequate processing costs. surety agreement, in the amount often thousand Any grantee, upon the effective date of its dollars. The bond or agreement shall be so condi- franchise, shall be required to reimburse city for tioned that in the event such grantee shall fail to its estimated engineering, administrative, pub- comply with any one or more of the provisions of lication and legal expenses incurred in connec- any agreement or undertaking made between tion with the processing, evaluation, and grantee and any subscriber. then there shall be•preparation of documents relating to such fran- recoverable jointly and severally from the prin- chise, as such shall be established in the franchise cipal and surety any damage or costs suffered oragreement, in a total amount not to exceed fif- incurred by any subscriber as a result thereof, teen thousand dollars. (Ord. 237 § 60(i), 1981) including reasonable attorney's fees and costs of any action of proceedings. Said condition shall

The grantee shall, concurrently with the filing of such franchise and thereafter until grantee of an acceptance of award of the franchise shall have satisfied in full any and all obligations granted under this chapter, deposit in a financial to any subscriber which arise out of or pertain to institution selected by the city the sum oftwenty- any such agreement or undertaking. (Ord. 237 § five thousand dollars in a joint account with the 70(b), 1981) grantees and the city as cosignators. This sum shall be maintained in an interest-bearing joint 5.12.220 Hold harmless agreement. account during the period of construction of the Grantee shall indemnify and hold harmless cable television system within the city limits, but the city, its officers, boards, commissions, agents, in no event in excess of three years. The return of and employees. against and from any and all the sum plus interest to the grantee shall be con- claims. demands, causes of actions. actions, ditioned upon the faithful performance of the suits, proceedings. damages (including but not grantee, and upon the further condition that in limited to damages to city property and damages the event grantee shall fail to comply with any arising out of copyright infringements, and one or more of the provisions of this chapter or of damages arising out of any failure by grantee to the franchise issued to the grantee hereunder, secure consents from the owners, authorized dis- there shall be recoverable from this sum any tributors or licensees of programs to be delivered damages or loss suffered by the city as a result by grantee's cable television system), costs or thereof, including the full amount of any com- liabilities (including costs or liabilities of the city pensation indemnification, or cost of removal or with respect to its employees of every kind and abandonment of any property of the grantee as nature whatsoever), including but not limited to prescribed herein which may be in default, plus a damages for injury or death or damage to person

81

5.12.220

or property, and regardless of the merit of any of 5 .12.250, the grantee shall file with the city clerk the same, and against all liability to others, and and shall thereafter during the entire term of such against any loss, cost, and expense resulting or franchise maintain in full force and effect at its arising out of any of the same, including any own cost and expense each of the following pol- attorney fees, accountant fees, expert witness or icies of insurance: General comprehensive lia- consultant fees, court costs, per diem expense, bility insurance in the amount of one million traveling and transportation expense, or other dollars, together with bodily injury liability costs or expenses arising out of or pertaining to insurance in an amount not less than five hun- the exercise or the enjoyment of any franchise dred thousand dollars for injuries including acci- under this chapter by grantee, or the granting dental death, to any one person, and subject to thereof by the city. (Ord. 237 § 70(c), 1981) the same limit for each person in an amount not less than one million dollars on account of any

A. Grantee shall at the sole risk and expense insurance in an amount not less than fifty thou- of grantee, upon demand of the city, made by sand dollars resulting from any one occurrence; and through the city attorney, appe<!-f in and provided, however, as follows: defend any and all suits, actions, or other legal A. The city shall be named as an additional proceedings, whether judicial, quasi-judicial, insured in any of said insurance policies; and administrative, legislative, or otherwise, brought B. Where such insurance is provided by a pol- or instituted or had by third persons or duly icy which also covers grantee or any other entity constituted authorities, against or affecting the or person, it shall contain the standard cross- city, its officers, boards, commissions, agents, or liability endorsement. (Ord. 237 § 70(e), 1981) employees, and arising out of or pertaining to the exercise or the enjoyment of such franchise or the 5.12.250 Acceptance of the franchise. granting thereof by the city. A. No franchise granted under this chapte-r B. Grantee shall pay and satisfy or shall cause shall become effective for any purpose unless and to be paid and satisfied any judgment, decree, until written acceptance thereof shall have been order, directive, or demand rendered, made or filed with the city clerk. Written acceptance. issued against grantee, the city, its officers, which shall be in the form and substance boards, commissions, agents, or employees in approved by the city attorney, shall also be and any of these premises; and such indemnity shall operate as an acceptance of each and every term exist and continue without reference to or limita- and condition and limitation contained in this tion by the amount of any bond. policy of insur- chapter, or in such franchise. or otherwise spec- ance deposit, undertaking or other assurance ified as herein provided. required under this chapter, or otherwise; pro:- B. The written acceptance shall be filed by the vided, that neither grantee nor city shall make _or grantee not later than 12:01 p.m. of the fortieth enter into any compromise or settlement of any day next following the effective date of the ordi- . claim, demand, cause of action action, suit, or nance granting such franchise. other proceeding, without first obtaining the C. In default of the filing of such written written consent of the other. (Ord. 237 § 70(d), acceptance as required in this section. the grantee 1981) shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the

Upon being granted a franchise, and upon the clerk. The grantee shall have no rights, remedies. filing of the acceptance required under Section or redress in the franchise. unless and until the

82

5.12.250

council, by resolution, shall determine that such in the office of the city clerk within thirty days acceptance is received or filed, and then upon after any such transfer or assignment. The said such terms and conditions as the council may consent of the council may not be unreasonably impose. refused; provided, however, the proposed D. In any case, and in any instance, all rights, assignee must show responsibility as determined remedies and redress which may or shall be avail- by the council utilizing the factors specified in able to the city shaJI at a11 times be available to the Section 5.12.150 and must agree to comply with city, and shall be preserved and maintained and all provisions of this chapter; and provided fur- shall continuously exist in and to the city, and ther, that no such consent shall be required for a shall not be in any manner or means modified, transfer in trust, mortgage, or other hypotheca- abridged, altered, restricted, or impaired by tions, in whole or, in part, to secure an indebted- agreement or otherwise. ness, except that when such hypothecation shaJI E. Any franchise granted and accepted under exceed twenty-five percent of the market value of this chapter shaJI be in lieu of any and all other the property used by the franchisee in the con- rights, privileges, powers, immunities, and duct of the cable television system, prior consent authorities owned, possessed, controlled, or of the council shall be required for such a trans- exercisable by the grantee, of or pertaining to the fer. Such consent shall not be withheld unrea- construction, operation, or maintenance of any sonably. cable television systems in the city. (Ord. 237 § In the event that grantee is a corporation, prior80, 1981) approval of the city council, expressed by resolu- tion, shall be required where there is an actual5.12.260 Limitations of franchise. change in control or where ownership of more A. Every franchise granted under this chapter than twenty-five percent of the voting stock ofshall be nonexclusive. grantee is acquired by a person or group of per- B. No privilege or exemption shall be granted sons acting in concert. none of whom alreadyor conferred by any -franchise granted under this own fifty percent or more of the voting stock,chapter except those specifically prescribed singly or collectively. Any such acquisitionherein. occurring without prior approval of the city C. Any privilege claimed under any such council shall constitute a failure to comply with afranchise by the grantee in any street or other provision of this chapter within the meaning ofpublic property shall be subordinate to any prior Section 5.12.100.lawful occupancy to the streets or other public E. Time shall be of the essence of any suchproperty. franchise granted under this chapter. The grantee D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. shall not be relieved of his obligation to comply It cannot in any event be sold, transferred, leased, promptly with any of the provisions of this chap- assigned or disposed of, in whole or in part, either ter by any failure of the city to enforce prompt by forced or involuntary sale, or by voluntary compliance. sale, merger, consolidation or otherwise, without E Any right or power in, or duty impressed prior consent of the council expressed by resolu- upon, any officer, employee, department, or tion, and then only under such conditions as may board of the city shall be subject to transfer by the therein be prescribed. Any such transfer or city to any other officer, employee, department, assignment shall be made only by an instrument or board of the city. in writing, such as a bill of sale, or similar docu- G. The grantee shall have no recourse what- ment, a duly executed copy of which shall be filed soever against the city for any loss, cost, expense,

83

5.12.260

or damage ansmg out of any prov1s1on or I. Procedures for the periodic fixing ofreason- requirement of this chapter or of any franchise able rates and service charges to be charged to issued hereunder or because of its enforcement. subscribers by grantee, and provisions for the H. The grantee shall be subject to all require- enforcement thereof; 2. Operational standards pertaining to the ments of city laws, rules, regulations, and specifi- quality of audio-visual reception by subscribers; cations heretofore or hereafter enacted or 3. Cha_nnel capacity requirements; established. 4. Requirements for carriage of specified tele- I. Any such franchise granted shall not relieve vision signals, radio signals, and supplementary the grantee ofany obligations involved in obtain- signal carriage services; ing pole or conduit space from any department 5. Requirements for the provision of equip- of the city, utility company, or from others main- ment and channels for local production and pre- taining utilities in streets. sentation of cablecast programs, and regulations J. Any franchise granted under this chapter pertaining thereto; shall be in lieu of any and all other rights, priv- 6. Requirement and regulations pertaining to ileges, powers, immunities, and authorities minimum requirements and business practices owned, possessed, controlled, or exercisable by by the grantee; grantee, or any successor to any interest of 7. Public safety requirements pertaining to grantee, of or pertaining to the construction, the installation and use of all CATV equipment; operation, or maintenance of any cable televi- 8. Procedures for the investigation and reso- lution of all complaints by subscribers regarding sion system in the city; and the acceptance of any grantee's CA TV operations, including imple-franchise under this chapter shall operate, as mentation thereof by designated city officers,between grantee and the city, as an abandon- employees, or agents;ment of any and all of such rights, privileges, 9. Public access channels, equipment andpowers, immunities, and authorities within the facilities;city, to the effect that, as between grantee and the B. There is reserved to the city every right and city, and all construction, operation and mainte- power which is required to be herein reserved or nance by any grantee of any cable television sys- provided by any law and the grantee, by its tem in the city shall be, and shall be deemed and acceptance of the franchise, agrees to be bound construed in all instances and respects to be, thereby and to comply with any action or under and pursuant to said franchise, and not requirements of the city in its exercise of such hereunder or pursuant to any other right, priv- rights or powers, heretofore or hereafter enacted ilege, power, immunity, or authority whatsoever. or established. (Ord.-23-'7 §·90,-1981) - C. Nothing herein shall be deemed or con- strued to impair or affect, in any way, to any extent, the right of the city to acquire the prop-

A. The city reserves the power to adopt and the exercise of the right of eminent domain; at a enforce requirements and regulations on any or fair and just value, which shall not include any all of the following matters, if and when deemed amount for the franchise itself or for any of the necessary and proper in the public interest by the rights or privileges granted, and nothing herein city council and if consistent with Rules and contained shall be construed to contract away or Regulations of the Federal Communications to modify or abridge, whether for a term or in Commission: perpetuity, the city's right of eminent domain.

84

5.12.270

D. Neither the granting of any franchise nor govern the operations of the grantee of any fran- any provision hereon shall constitute a waiver or chise under this chapter, and are expressly bar to the exercise of any governmental right or declared a part of any franchise hereunder. power of the city. B. Rules, regulations and standards not E. The council may do all things which are adopted prior to receiving any application for a necessary and convenient in the exercise of its franchise shall be adopted by the council at the jurisdiction under this chapter and may deter- first regular meeting of the council next following mine any question of fact which may arise during the effective date of the ordinance codified in this the existence of any franchise granted under this chapter, by resolution which shall become effec- chapter. The chief administrative officer, with tive upon adoption and shall be applicable to any the approval of the city attorney, is authorized application for a franchise previously received. and empowered to adjust, settle, or compromise C. The standards adopted pursuant to these any controversy or charge arising from the opera- procedures shall be exclusively in those areas not tions of any grantee under this chapter, either on either expressly or impliedly preempted by the behalf of the city, the grantee, or any subscriber, Federal Communications Commission at the in the best interest of the public. Either the time of adoption. grantee or any member of the public who may be D. The council may at any time adopt new dissatisfied with the decision of the chief admin- rules or regulations or standards, or may amend, istrative officer may appeal the matter to the modify, delete, or otherwise change its respective council for hearing and determination. The rules or regulations or standards previously council may accept, reject <ir modify the decision adopted, in the following manner. The council of the chiefadministrative officer, and the coun- shall pass its resolution of intention stating or cil may adjust, settle or compromise any contro- describing the rules or regulations, or standards versy or cancel any charge arising from the to be adopted, amended, modified, deleted, or operations of the grantee or from any provision otherwise changed, and fixing and setting forth a of this chapter. day, hour, and place certain when and where any E In the event that the Federal Communica- persons having any interest therein or objection tions Commission elects to deregulate any area thereto may appear before the council and be of cable communication over which it currently heard. Such resolution shall direct the city clerk exercises jurisdiction, or grant authority to to publish the same at least once within ten days municipalities to regulate in these areas, any of the passage thereof in a newspaper of general franchise issued pursuant to this chapter shall be circulation within the city, and to mail a copy of automatically amended, without any additional the same to any grantee or applicant for a fran- act by any party to it, to reflect these new munici- chise, not more than thirty days nor less than pal regulatory powers. and the city may, if it so fifteen days prior to the time fixed for hearing elects, adopt rules and regulations in these areas. thereon. (Ord. 237 § 100, 1981) At the time set for such hearing, or at any adjournment thereof, the council ·shall proceed

for standards of operation. presented. Thereafter the council, by its resolu- A. Prior to receiving any applications for tion, may adopt, amend, modify, delete. or oth- franchises, the council may adopt rules, regula- erwise change its respective rules, regulations tions and standards governing the operation of and standards. Such determination by the coun- cable television systems in the city. Such rules, cil shall be final and conclusive. The rules and regulations and standards shall apply to and shall regulations, as amended, modified, deleted, or

85

5.12.280

otherwise changed by the council shall become grant any preference to any corporation or per- effective upon the tenth day following the adop- son as to rates, charges; services, facilities, or tion of such resolution, unless a longer period rebates, or in any other respect nor subject any shall be otherwise provided in such resolution. corporation or person to any prejudice or disad- (Ord. 237 § l!O(a), 1981) vantage. F. The city reserves the power to lower the rates charged subscril::ers, whether or not they 5.12.290 Rates. were initially approved by the city council. (Ord. Unless and until the city council adopts an 237 § ll0(b), 1981) ordinance establishing procedures for the peri- odic fixing of reasonable rates pursuant to Sec- tion 5.12.270 for the entire city or parts thereof, 5.12.300 Grantee to obtain necessary permits the following limitations shall appiy to the rates and authorizations. charged to subscribers by grantee: Within thirty days after acceptance of any A. No increase in rates beyond those repre- franchise, the grantee shall proceed with due dili- sented to a subscriber at the time of initiation of gence to obtain all necessary permits and.autho- service to such subscriber shall be applied to such rizations which are required in the conduct of its subscriber for a period of not less than one year business including, but not limited to, any utility thereafter, except for such additional installa- joint use attachment agreements, microwave tions or services as may be requested by such carrier licenses and any other permits, licenses subscriber during such period. and authorizations to be granted by duly con- B. No increase in rates shall be imposed upon . stituted regulatory agencies having jurisdiction subscribers. over the operation of the cable television sys- C. No charge shall be imposed upon any sub- tems, or associated microwave transmission scriber for termination of CA TV service or facilities. removal of CA TV apparatus upon termination In connection therewith, copies of all peti- of such service. No rate or charge of any type tions, applications and communications submit- shall be imposed on a subscriber after receipt of ted by the grantee to the Federal notice of termination from such subscriber, Communications Commission. Securities and unless such subscriber withdraws such notice Exchange Commission, or any other federal or prior to actual termination of service. state regulatory commission or agency having ' D. No charge shall be made to any subscriber jurisdiction in respect to any matters affecting by reason of the maintenance, repair, removal, grantee's cable television operations, shall also be or replacement ofany CATV apparatus, or prop- submitted simultaneously to the chief admin- erty of grantee, unless the same was caused by the istrative officer. (Ord.-237 §T10(a),-1981) • deliberate or negligent act of said subscriber. E. Except as otherwise provided by subsec- tion A, grantee shall not charge different rates to 5.12.310 Time limitation for commencement subscribers within the same class of service, nor of construction. shall there be any difference in the services or Within ninety days after obtaining all neces- facilities or in any other respect between sub- sary permits, licenses and authorizations, scribers within the same class except as autho- including right of access to poles and conduits, rized in Section 5 .12.490 and, except that grantee shall commence construction and installation charges may vary according to the installation of the cable television system. (Ord. costs of installation. No grantee shall make or 237 § 120(b), 1981)

86

5.12.320

5.12.320 Time limitation for beginning 5.12.340 Qty use of grantee's pole~ or service to subscribers. conduits. Within one hundred eighty days after the COfflw The city shall have the right, free of charge, to mencement of construction and installation of make additional use, for any public or municipal the system, grantee shall proceed to render servw purpose, whether governmental or proprietary, ice to subscribers, and the completion of the of any poles, conduits, or other similar facilities installation and construction shall be pursued erected, con~lled, or maintained exclusively by with reasonable diligence thereafter, so that serv- or for grantee in any street, provided such use by ice to all of the areas designated and scheduled on city'does not interfere with. the use by grantee. the map and plan on construction niaae part of (Ord. 237 § 120{e), 1981) the franchise shall be provided as set forth therein. Grantee is required to complete S.12.350 Underground facilities. In those areas of the city where the transmis-construction of the entire city in a maximum of sion or distribution facilities of the respectivethree years, although a shorter time may be spec- public utilities providing telephone, commu-ified in the franchise. {Ord. 237 § 120{c), 1981) nication and electric services are underground or hereafter are placed underground, the grantee

operate and maintain all

other facilities. of its transmission and distribution facilities Grantee shall utilize existing poles. conduits, underground. The term "underground" and other facilities whenever possible, and shall includes a partial underground system; pro- not construct or install any new, different, or vided, that upon obtaining the written approval additional poles, conduits. or other facilities of the chief administrative officer, amplifiers in whether on public property or on privately the grantee's transmission and distribution lines owned property unless and until first securing may be placed in appropriate housing upon the the written approval of the chief administrative surface of the ground. (Ord. 237 § 120(f), 1981} officer. Whenever grantee shall not utilize existing 5.12.360 Disconnection~ relocation or poles, conduits and other facilities, or whenever removal of facilities at city request. existing conduits and other facilities shall be The grantee at his expense shall protect. SUpw located beneath the surface of the streets, or port, temporarily disconnect, relocate, or whenever the city shall undertake a program remove any property of grantee when. in the designed to cause all conduits and other facilities opinion of the chief administrative officer. the to be located beneath the surface of the streets in same is required by reason of traffic conditions, any area or throughout the city, in the exercise of public safety, street .vacation. freeway or street its police power or pursuant to the terms hereof, construction, change or establishment of street upon reasonable notice to grantee, any such con- grade, installation of sewers, drains, water pipes, duits or other facilities of grantee shall be con- power line, signal line, transportation facilities, structed, installed, placed, or replaced beneath tracks, or any other types of structure or the surface of the streets. Any construction. improvements or governmental agencies installation, placement, replacement, or changes whether acting in a governmental or a proprie- which may be so required shall be made at the tary capacity, or any other structure or public expense of grantee, whose costs shall be deter- improvement. including, but not limited to. mined as in the case of public utilities. (Ord. 23 7 movement ofbuildings, urban renewal and rede- § 120(d), 1981) velopment, and any general program under

87

s.i2.36o

which the city shall undertake to cause all such which such property has been removed to such properties to be located beneath the surface of the condition as the chief administrative officer shall ground. The grantee shall in all cases have the approve. privilege, subject to the corresponding obliga- B. The council may, upon written application tions, to abandon any property of grantee in therefor by grantee, approve the abandonment of place, as herein provided. Nothing under this any of such property in place by grantee and section shall be deemed a taking of the property under such terms and conditions as the council of grantee, and grantee shall be entitled to no may prescribe. Upon abandonment of any of surcharge by reason ofanything hereunder. (Ord. such property in place, grantee shall cause to be 237 § 120(g), 1981) executed, acknowledged, and delivered to the city such instruments as the city attorney shall

required work. ing the ownership of such property to the city. Upon the failure, refusal. or neglect of grantee (Ord. 237 § 120(i), 1981) to cause any work or other act required by law or hereunder to be done on any street within any 5.12.390 Technical standards. time prescribed therefor, or upon notice given, A. The performance of grantee's cable televi- where no time is prescribed, the chief admin- sion system shall meet the technical standards as istrative officer may cause such work or other act set forth in Section 76.605 or any successor sec- to be completed in whole or in part, and upon so tion of the Federal Communication Commis- doing shall submit to grantee an itemized state- sion's Rules and Regulations as those standards ment of the costs thereof. The grantee shall, may exist from time to time. within thirty days after receipt of such statement. B. Grantee shall conduct performance tests in pay to the city the entire amount thereof. (Ord. accordance with the requirements of Section 237 § 120(h), 1981) 76.601 or any successor section of the Federal Communication Commission's Rules and Reg-

grantee's property. extended from time to time. (Ord. 237 § 130. A. In the event that: 1981) I. The use ofany part of the system of grantee is discontinued for any reason for a continuous 5.12.400 Inspection of property and records. period of thirty days without prior written notice A. At all reasonable times, the grantee shall to and approval by the city; or permit any duly authorized representative of the 2. Any part of such system has been installed city to examine all property of the grantee. in any street or other area without complying together with any appurtenant property of the with the requirements hereof: or grantee situated within or without the city, and to 3. Any franchise shall be terminated, can- examine and transcribe any and all maps and celled, or shall expire; other records kept or maintained by the grantee or under its control which deal with the opera- then the grantee shall, at the option of the city, tions, affairs, transactions or property of the and at the expense of grantee and at no ~xpense grantee with respect to its franchise. If any such to the city, and upon demand of the city, maps or records are not kept in the city. or upon promptly remove from any streets or other areas reasonable request made available in the city, all property of grantee, and grantee shall and if the council shall determine that an exam- promptly restore the street or other area from ination thereof is necessary or appropriate. then

88

5.12.400

all travel and maintenance expense necessarily by the appraisers themselves. The cost of said incurred in making such examination shall be appraisal shall be borne equally by the grantor paid by the grantee. and the grantee. (Ord. 237 § 150, 1981) B. The grantee shall prepare and furnish to the city manager and city clerk, at the times and 5.12.420 Right of intervention. in the form prescribed by either of said officers, The granter may intervene in any suit or pro- such reports with respect to its operations, affairs, ceeding in which the grantee is a party, provided transactions or property as may be reasonably that the grantor's interests are not adequately necessary or appropriate to the performance of represented by the existing parties, and provided any of the rights, functions or duties of the city or further, that the disposition of each suit or pro- any of its officers in connection with the fran- ceeding without the grantor's participation may, chise. as a practical matter, impair or impede the gran- C. The grantee shall at all times make and tor's ability to protect those interests. (Ord. 237 § keep in the city full and complete plans and 160, 1981) records showing the exact location of all CA TV system equipment installed or in use in streets 5.12.430 Effect of annexations. and other public places in the city. A. In the event any new territory shall be D. The grantee shall file with the city man- annexed to the city which is contiguous to only ager, on or before the last day of March of each one franchise area in the city, such new territory year, a current map or set of maps drawn to scale, shall become, by operation oflaw, a part of such showing all CA TV system equipment installed in franchise area immediately upon the effective place in streets and other places of the city. (Ord. date of such annexation. 237 § 140, 1981) B. In the event any new territory shall become annexed to the city which is contiguous to more than one franchise area in the city or is not con-5.12.410 Right to purchase system. tiguous to any franchise area, then the council Upon the revocation of the franchise, or the shall determine at a public hearing which granteeexpiration of the terms thereof, and upon pay- or grantees, if any, shall serve such new territory.ment by the granter to the grantee of the fair C. In the event any portion of the unincorpo-market value of the grantee's CATV system, the rated territory covered by any existing franchisegrantormay purchase, acquire, take over, or hold or license granted by the county of Merced issaid system. For purposes of this section, "fair annexed to the city prior to the time that the market value" shall be determined by valuing the grantee of such county franchise or license has grantee's system as a going concern. No value commenced installation of a CA TV system shall be assigned to the franchise hereunder. within said territory, all rights acquired by said Immediately upon a determination of revoca- grantee under its county franchise or license shall tion or expiration of the franchise, the granter terminate by operation of law as of the date on and grantee shall attempt to mutually agree upon which the annexation to the city becomes effec- the fair market value of the system. However; if tive. within a reasonable period of time they cannot D. In the event any portion of unincorpo- agree upon the fair market valuation, then said rated territory covered by an existing franchise or valuation shall be determined by a three-mem- license granted by the county of Merced is ber board of appraisers, one selected by the gran- annexed to the city after the grantee thereof has tor, one selected by the grantee, and one selected commenced or completed construction and

89

5.12.430

installation of a CA TV system within said ter- no unreasonable interference with the use of said ritory, the rights reserved under such franchise or public or private property by any person. (Ord. license to the county of Merced or to any officer 237 § 180, 1981) thereof, shall inure to the benefit of the city. All regulatory provisions of this chapter within the 5.12.450 Removal of facilities upon city, whether then in effect or subsequently subscriber request. adopted, shall be applicable to and binding upon Upon termination of service to any subscriber, said grantee. In addition, the grantee shall be the grantee shall promptly remove all its facilities obligated to pay annually to the city the percent- and equipment from the premises of such sub- age of the gross receipts established by the county scriber upon his request. (Ord. 237 § 190, 1981) of Merced in said franchise or license which are derived from its operations within the annexed

territory for five years or upon termination of the

Any and all streets and public ways which are franchise, whichever is of the shorter time dura- disturbed or damaged during the construction, tion, at which time the council may establish the operation, maintenance, or reconstruction of the percentage of gross receipts to be paid to the city. cable television system shall be promptly(Ord. 237 § 170, 1981) repaired by the grantee, at its expense, to the satisfaction of the grantor. (Ord. 237 § 200, 198 I)

A. The grantee shall at all times employ ordi- 5.12.470 Erection of poles.nary care and shall install and maintain in use The grantee is expected to make use of existing commonly accepted methods and devices for aerial poles. However, the grantee shall have the preventing failures and accidents which are likely right to erect poles if written permission is to cause damage, injuries, or nuisances to the obtained from the grantor. Except as may be public. • permitted, the grantee shall lease pole space from B. The grantee shall install and maintain its existing owners for all construction. The grantor wires, cables, fixtures, and other equipment in shall utilize its best efforts to assist in arriving at accordance with the requirements of the equitable rental agreement. (Ord. 237 § 210, National Electrical Code, as it now exists or here- 1981) after may be amended, and in such manner that they will not interfere with any installations of 5.12.480 Services to residents.the city or of a public utility serving the city. Service shall be offered to all city residents in C. All structures and all lines, equipment, and accordance with the provisions of the franchiseconnections in, over, under, and upon the agreement. The grantee shall not materiallystreets, sidewalks, alleys, and public ways or reduce the level of service without permission ofplaces of the city, wherever situated or located, the city, but may at its discretion substitute pro-shall at all times be kept and maintained in a safe, gramming to offer subscribe,; an equal or bettersuitable, substantial condition, and in good order array of services. (Ord. 237 § 220, 1981)and repair. D. The grantee shall strictly adhere to all building and zoning codes currently or hereafter. 5.12.490 Special service areas. in force. The grantee shall arrange its lines, A. As defined in the franchise agreement, the cables, and other appurtenances on both public grantee shall be permitted to charge higher and private property in such a manner as to cause installation fees for areas oflow housing density,

90

5.12.490

commercial areas and/or underground utility 5.12.510 Authority of city to terminate in the areas that require exceptionally high event of condemnation. construction costs. In order to preserve the right of the city under B. Upon petition by the grantee, the council the franchise provided fot, and its right to acquire may defer or indefinitely suspend any expansion the property of the grantee by purchase or by into such a special service area after a showing by eminent domain proceedings at its then .fair mar- grantee that such expansion would cause unrea- ket value, at any time during the existence of the sonable financial hardship to grantee. The ade- franchise, it is especially provided that if at any quacy of such a showing shall be determined and time the franchise or the property of the grantee weighed against the public interest in system under the franchise shall become the subject of expansion by the council after a public hearing. eminent domain proceedings by the city, the city (Ord. 237 § 230, 1981) reserves and shall have the right at the time such proceedings are commenced, or at any time

A. Upon the foreclosure or other judicial sale tion. (Ord. 237 § 250, 1981) of all or a substantial part of the CA TV system, or upon the termination of any lease covering all or 5.12.520 Continuity of service mandatory. a substantial part of the CA TV system, the It shall be the right of all subscribers to receive grantee shall notify the city clerk of such fact, and all available services insofar as their financial and such notification shall be treated as a notification other obligations to the grantee are honored. In that a change in control of the grantee has taken the event that the grantee elects to overbuilt, place and the provisions of this chapter govern- rebuild, modify, or sell the system, or the grantor ing the consent of the council to such change in revokes or fails to renew the franchise, the control of the grantee shall apply. grantee shall do everything in its power to ensure B. The grantor shall have the right to revoke that all subscribers receive continuous, uninter- the franchise one hundred twenty days after the rupted service regardless of the circumstances appointment of a receiver, or trustee, to take over during the lifetime of the franchise. In the event and conduct the business of the grantee, whether of purchase by the grantor, or a change of in receivership, reorganization, bankruptcy, or grantee, the current grantee shall cooperate with other action or proceeding, unless such receiv- the grantor to operate the system for a temporary ership or trusteeship shall have been vacated period, in maintaining continuity of service to all prior to the expiration of said one hundred subscribers. (Ord. 237 § 260, l98I) twenty days, or unless: I. Within one hundred twenty days after his 5.12.530 Financial disclosures of independent election or appointment, such receiver or trustee consultant. shall have fully complied with all the provisions A. Any individual, partnership or corpora- of the franchise and remedied <!II defaults there- tion employed by the city for the purposes of under; and advising the city, its council, commissions, city 2. Such receiver or trustee, within said one manager, or staff, on matters relating to cable hundred twenty days, shall have executed an television, or reviewing and evaluating, or assist- agreement, duly approved by the court having ing the city in reviewing and evaluating, pro- jurisdiction in the premises, whereby su.ch posals for the construction and operation of a receiver or trustee assumes and agrees to be cable television system(s), or regulating, or assist- bound by each and every provision of the fran- ing the city in regulating, a cable television sys- chise. (Ord. 237 § 240, 198 l) tem, shall, as a term condition of their

91

5.12.530

employment, file within ten days of the date of cable television system of grantee, and shall also employment with the city clerk a statement con- authorize and permit the grantee to traverse any taining: portion of the city in order to provide service 1. A listing and description of any financial outside the city. (Ord. 237 § 280(a), 1981) and/or ownership held by the consultant in any cable television company, and subsidiary or affil- 5.12.550 Permission to traverse portion of iate of any cable television company, any com- city to provide service outside city- pany which is a supplier or customer of any cable N ongrantee's rights. television company, or in other company which A franchise, easement, license or other permit owns stock or has any interest in any of those granted to anyone other than the grantee to tra- types of companies which are described in this verse any portion of the city in order to provide section. If the consultant is a partnership, the service outside the city shall not authorize nor financial and/or ownership interest in cable tele- permit said person to solicit, sell, distribute or vision companies affiliates, subsidiaries, sup- make any charge to subscribers within the city pliers, and customers of any partner must be nor to render any service or connect any sub- disclosed. If the consultant is a corporation, the scriber within the city to the cable television financial and/or ownership interests in cable service system of grantee. (Ord. 237 § 280(b), television companies, affiliates, subsidiaries, 1981) suppliers, and customers of any shareholder, officer, or directors must be disclosed; 5.12.560 Court proceedings. 2. A listing and description of any cable televi- No franchise granted under this chapter shall sion company, affiliate, subsidiary, supplier, or ever be given any value by any court or other customer which the consultant has represented, authority, public or private. in any proceeding of on a compensated or noncompensated basis, any nature or character, wherein or whereby the within the last fifteen years. city shall be a party or affected therein or thereby. B. The statement filed pursuant to this sec- (Ord. 237 § 280 (c), 1981) tion shall be a public document open to inspec- tion by any person. Failure to file this statement, 5.12.570 Grantee subject to city and state or the inclusion of a material misrepresentation regulations. or omissi~n within the statement, shall con- A. Grantee shall be subject to all provisions of stitute grounds for the city's termination of the the other ordinances, rules. regulations, and employment contract. This provision shall not specifications of the city heretofore or hereafter apply to individuals who are subject to the adopted, including, but not limited to, those per- reporting requirements of the "Political Reform taining to works and activities in, on, over, Act of 1974" (California Government Code Sec- under. and about streets. tions 81008 et seq.) under the local conflict of B. Any privilege claimed under any franchise interest code if the disclosures required by the granted pursuant to this chapter in any street or code are substantially similar to those of this other public property shall be subordinate to any section. (Ord. 237 § 270, 1981) prior lawful occupancy of the streets or other public property.

A franchise granted to provide service within sions of general laws of the state of California, or the city may authorize and permit the grantee to as hereafter amended, when applicable to the solicit, sell, distribute, and make a charge to sub- exercise of any privilege contained in any fran- scribers within the city for connection to the chise granted under this chapter including, but

92

5.12.570

not limited to, those pertaining to works and are in place, shall be refused service; provided, activities in and about state highways. (Ord. 237 however, that the grantee shall not be required to § 280(d), 1981) provide service to any subscriber who does not pay the applicable connection fee or service

Grantee shall be prohibited from directly or indirectly doing any of the following:

Before providing cable television service toleasing, renting, repairing or servicing of televi- any subscriber, the grantee shall provide a writ-sion sets or radios; ten notice to the subscriber substantially as fol- B. Impo~ing a fee or charge for any service or lows:repair to subscriber-owned receiving devices Subscriber is hereby notified that in provid-except for the connection of its service or for the ing cable television service the Grantee is mak-determination by grantee of the quality of its ing use of public rights-of-way within the Citysignal to the recipients thereof; of Dos Palos and that the continued use of C. Soliciting, referring, or causing or permit- such rights-of-way is in no way guaranteed. Inting the solicitation or referral of any subscriber the event the continued use of such rights-of-to persons engaged in any business herein pro- way is denied to Grantee for any reason,hibited to be engaged in by grantee; Grantee will make every reasonable effort to D. Providing information concerning the provide service over alternate routes. Byviewing patterns of identifiable individual sub- accepting cable television service, subscriberscribers to any person, group or organization for any purpose. {Ord. 237 § 280(e), 1981) agrees he will make no claim nor undertake any action against the City of Dos Palos, its

If the Federal Communications Commission provided hereunder is interrupted or discon- or Public Utilities Commission of the state of tinues. California or any other federal or state body or (Ord. 237 § 280(i), 1981) agency shall now or hereafter exercise any para- mount jurisdiction over the subject matter of any 5 .12.630 Form of subscriber's contract. franchise granted under this chapter, then to the The form of the grantee's contract with the extent such jurisdiction shall preempt or pre- subscriber shall also be subject to approval of the clude the exercise oflike jurisdiction by the city, city. (Ord. 237 § 280(j), 1981) the jurisdiction of the city shall cease and no longer exist. (Ord. 237 § 280(1), 1981)

When not otherwise prescribed herein, all Grantee may be required, at the option of the matters required by this chapter to be filed with city, to purchase from the city any cable televi- the city shall be filed with the·city clerk. (Ord. 237 sion system purchased through a negotiated sale § 280(g), 1981) or taken through eminent domain by the city at a price equal to the city's total cost. including attor-

No person, firm or corporation within the tiation and/or litigation. Grantee shall be service area of the grantee, and where trunk lines required to operate said system as part of its

93

5.12.640

systems, without interruption of service, subject unlawful for any person to construct, install or to the terms and conditions of grantee's franchise maintain within any public street in the city, or and this chapter: (Ord. 237 § 280(k), 1981) within any other public property of the city or within any privately owned area within the city

· affirmative action plan. designated or delineated as a proposed public A. In the carrying out of the construction, street on any tentative subdivision map maintenance and operation _of the cable televi- approved by the city, any equipment or facilities sion system, the grantee shall not discriminate for distributing any television signals or radio against any employee or applicant for employ- signals through a cable television system, unless a ment because of race, creed, color, sex, or franchise authorizing such use of such street or national origin. property or area has first been obtained pursuant B. The grantee shall take affirmative action to to the provisions of this chapter, and unless suchensure that applicants are employed, and that franchise is in full force and effect.employees are treated during employment, with- B. It shall be unlawful for any person, firm orout regard to their race, creed, color, sex, or corporation to make or use any authorized con- national origin. Such action shall include, but nection, whether physically, electrically, acous-not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or tically, inductively or otherwise, with any part of recruitment advertising, layoff or termination, a franchised cable television system within the rates of pay or other forms of compensation, and city for the purpose of enabling himself or others selection of training, including apprenticeship. to receive or use any television signal, radio sig- C. The grantee shall post in conspicuous nal, picture, program or sound, without payment places, available to employees and applicants for to the owner of said system. employment, notices sening forth the provisions C. It shall be unlawful for any person. without of this nondiscrimination clause. the consent of the owner, to wilfully tamper with. D. The grantee shall, in all solicitations or remove or injure any cables, wires or equipment advertisements for employees placed by or on used for distribution of television signals, radio behalf of the grantee, state that all qualified appli- signals, pictures. programs or sound. cants shall receive consideration for employ- D. If a subscriber files in writing with the fran- ment without regard to race, creed, color, sex, or chisor a complaint for a service problem which is national origin. preventable and reasonably within the fran- E. The grantee shall incorporate the foregoing chisee's or licensee's control. and if such fran-requirements in all of its contracts for work rela- chisee or licensee fails within a reasonable periodtive to construction, maintenance and operation following receipt of written notice by the fran-of the cable television system, other than con- chisor to remedy the problem, the franchisortracts for standard commercial supplies or law may levy a penalty of up to five hundred dollarsmaterials, and shall require all of its contractors for any occurrence or series of related occur-for such work to incorporate such requirements rences, unless the franchisee or licensee has fewerin all subcontracts· for such work. (Ord. 237 § 290, 1981) than five thousand subscribers, in which case the penalty shall not exceed two hundred dollars. If

A. From and after the effective date of the writing to the franchisor. the franchisee. or ordinance codified in this chapter, it shall be licensee and franchisor shall conduct arbitration

94

5.12.660

in accordance with the rules of the American including the subscriber's right to complain in Arbitration Association. The decision of the writing to the franchisor of the franchisee's arbitrator shall be final. failure to resolve a service complaint which is E. The franchisee or licensee shall provide preventable and reasonable within the fran- written notice to each subscriber at intervals of chisee's or licensee's control. The proper address not more than one year, of the sanctions pro- of the franchisor or licensor to which complaints vided in this section and· of the procedure for may be directed shall be included in such notice. reporting and resolving subscriber complaints, (Ord. 237 § 300, 1981)

95 (Dos Palos I0.89)

5.14.010

Chapter 5.14 5.14.040 Revocation or modification
procedures.
The planning commission may revoke or HOME OCCUPATIONS modify any home occupation permit on any one
or more of the grounds set forth in this chpater

Sections: after a hearing is held and conducted as set forth

procedures. occupation permit shall be any of the following:

5.14.060 Grounds for modification. fraud or the misrepresentation of material fact;

decisions-City council. failure to observe the terms or conditions of the authority. permit, or that the use has been conducted in violation of the provisions of this title or any other law code or regulation;

A "home occupation" is defined as use in a has been conducted in a manner detrimental to dwelling in a residential zone generally not as per the public safety, health and welfare, or so as to Title 17 of this code (see Section 17.08.1140). be a nuisance. (Ord. 289 (part), 1989) (Ord. 289 (part), 1989)

The grounds for the modification of a permit5.14.020 Permit required. shall be any of the following: There is required upon home occupations as A. That the ground which would otherwisedefined in this chapter a permit. Such permit justify a revocation of the permit can be cor-shall be approved, conditionally approved or rected or cured by a modification imposing newdenied by planning commission. The planning or additional conditions;commission may require annual inspections by B. That improvements in methods or tech-the fire department and/or building department nological advances permit the conduct of the useas part of approval of said permit. (Ord. 289 with adequate safeguards under the proposed(part), 1989) modification; C. That one or more of the original conditions

There is a one-time fee of seventy-five dollars erwise fails to accomplish the original aims. (Ord. for each permit approved by the plaining com- 289 (part), 1989) mission under this chapter. Said fee shall not be refundable in the event of disapproval of home 5.14.070 Procedures to be followed. occupation permit by the planning commission. Proceedings for the revocation or modifica- Said fee shall be in addition to those imposed by tion of a permit may be initiated and shall be set Section 5.04.470, Chapter 17.76 Article l, and for hearing, noticed, heard and determined in Chapter 15.04. (Ord. 289 (part), 1989) substantially the same manner as provided for

96

5.14.070

amendments to the provisions of this title set provided for appeals from decisions of the com- forth in Sections 17.80.020, 17.80.030(C), mission set forth in Sections 17.80.060 and 17.80.040 and 17.80.050, with the exception that 17.80.070. (All references in said sections to the decision of the commission shall be final amendments shall be deemed to refer to the pro- unless appealed to the council in accordance posed revocation or modification.) with the procedure set forth in Section I 7 .80.060. B. Upon the expiration of the time within (All references in said sections to amendments which an appeal may be so filed, and there being shall be deemed to refer to the proposed revoca- no appeal filed within such time, the decision of tion or modification.) (Ord. 289 (part), 1989) the commission shall be deemed final; provided, however, if an appeal is filed within such time,

decisions-City council authority. pending the determination of the appeal or its A. All decisions of the commission in pro- withdrawal by the appellant. The action of the ceedings for the revocation or modification of a council on such appeal shall be final. (Ord. 289 home occupation permit may be appealed and (part), 1989) reviewed in substantially the same manner as

96-1 (Dos Palos 10-89)