(A) The city shall supervise and control the implementation of this article. The city may also designate additional persons to carry out this article.
(B) The City Council shall:
(1) Supervise and review the actions and decisions of the Cable Access Committee; and
(2) Decide appeals from the Cable Access Committee rejection of applications for use of equipment or facilities.
(C) The Cable Access Committee's duties shall include:
(1) Supervising the implementation of this article;
(2) Exercise control and instituting actions against users violating this article and Article IV;
(3) Establishing policy for processing applications to prepare and cablecast governmental, informational and educational programming on the public access channel;
(4) Investigating complaints of violations of this article;
(5) Issuing notices of violations requiring compliance;
(6) Collecting and disseminating information on the public access channel;
(7) Coordinating activities under this article; and
(8) Performing any other actions authorized by this article or as necessary or advisable for the management and operation of the public access channel and the enforcement of this article and other applicable laws and regulations.
(D) Whenever the Cable Access Committee finds that any user has violated or is violating this article, it may summarily suspend the user's cablecasting privilege. Within a reasonable time, (not to exceed 5 business days) the Cable Access Committee shall serve upon such group or individual a written notice stating the nature of the violation and providing a reasonable time limit for a satisfactory correction of the violation. The user shall within the period of time stated in the notice cease all violations and notice shall be served on the user specifying the time and place of a compliance hearing to be held by the Cable Access Committee regarding the violation, the reasons why the action is being taken, the proposed enforcement action, and direct the user, if so desired, to show cause before the Cable Access Committee why the proposed enforcement action should not be taken.
(E) An appeal from any action of the Cable Access Committee may be made to the City Council, within 30 days from the date of the Cable Access Committee action. A notice of appeal shall be filed with the City Clerk. The notice of appeal shall specify the basis for the appeal. Failure to file a timely notice of appeal shall be deemed to be a waive of appeal.
(1) Prior to the appeal hearing, the Cable Access Committee shall transmit to the City Council a written record of all previous action taken in connection with the current action.
(2) The City Clerk shall fix a reasonable time for the appeal hearing and give notice of the hearing to the appellant, City Attorney and Cable Access Committee.
(3) The City Council shall decide the appeal within a reasonable time not to exceed 30 days. The City Council may reverse or affirm, in whole or in part, the action appealed from, or it may make any order, requirement, or determination as it deems appropriate.
(F) The city reserves the right to suspend or revoke the privilege of using the access channel, equipment and facilities for violations of this article. The city may further refuse the use of its equipment or facilities to any individual who interferes with the orderly conduct of its business, who appears to be under the influence of alcohol or drugs, who refuses to cooperate with or in any way abuses city agents and/or employees, or who misuses equipment, fails to return it on time, or who has in any way abused the privilege of the access channel equipment or facilities.
(1993 Code, § 18-128) (Ord. passed 8-22-1994)