§ 4.04.302 A FRANCHISE IS REQUIRED TO OPERATE A CABLE SYSTEM.
   (A)   It shall be unlawful for any person to establish, operate or carry on the business of distributing to any persons in the city any signals, whether for video, audio, data or otherwise, by means of a cable system, unless a franchise therefor is first obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
   (B)   It shall be unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for distributing any signals, whether for video, audio, data or otherwise, by means of a cable system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
   (C)   It shall be unlawful for any person to make any unauthorized connection, whether physically, electronically, acoustically, inductively or otherwise, with any part of a franchised cable system within this city for the purpose of enabling him or herself or others to receive any television signal, radio signal, picture, program, sound or other transmission carried on a cable system, without the permission of grantee.
   (D)   It shall be unlawful for any person, without the consent of grantee, to willfully tamper with, remove or injure any cables, wires or equipment used in conjunction with a cable system.
   (E)   This section shall be construed to require a franchise in every instance, except to the extent that such requirement is preempted by state and/or federal law.
(Ord. 4315, passed 11-12-96)