Duarte Municipal Code Art. XVI Violations

From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to construct, install, or maintain in any public place within grantor's territory, or upon any easement owned or controlled by a public utility, or within any other public property of grantor, or within any privately owned area within grantor's jurisdiction which is not yet, but is designated as, a proposed public place on a tentative subdivision map approved by grantor, any equipment, facilities, or system for distributing signals or services through a cable television system, unless a franchise has first been obtained hereunder, and is in full force and effect.

(Ord. 646 § 11.1, 1988)

It is unlawful for any person to make or use any unauthorized connection to, or to monitor, tap, receive or send any signal or service via a franchised system, or to enable anyone to receive or use any service, television or radio signal, picture, program, or sound, or any other signal without payment to the owner of said system.

(Ord. 646 § 11.2, 1988)

It is unlawful, without the consent of the owner, to wilfully attach to, tamper with, modify, remove or injure any physical part of a franchised cable television system.

(Ord. 646 § 11.3, 1988)

Any person who violates any provision of this article or who aids in the violation of any provisions of this article shall be liable for, and the court shall award to any grantee who has obtained a franchise under this chapter whose rights are violated, actual general and special damages, costs and attorneys' fees. In addition thereto, the court may award punitive damages in a proper case.

(Ord. 646 § 11.4, 1988)

Any aggrieved grantee who has obtained a franchise under this chapter may enforce the provisions of this article by means of a civil action for damages and/or injunctive relief. These remedies are in addition to any remedies available to the grantor and grantee pursuant to this chapter.

(Ord. 646 § 11.5, 1988)