741.36 UNAUTHORIZED USE.
   (a)   No person shall intercept, descramble, decode, or receive or assist in intercepting, descrambling, decoding or receiving any signals from the system unless specially authorized to do so by the grantee. "Assist in intercepting, descrambling, decoding or receiving" includes the manufacturer or distribution of equipment intended by the manufacturer or distributor (as the case may be) for unauthorized reception of signals over a system.
   (b)   No person shall tamper with, remove or injure any cable, wires or devices used with the system unless specifically authorized to do so by grantee.
   (c)   No person shall intentionally deprive the grantee of any lawful charge for cable service.
   (d)   No person shall resell the grantee's cable service without the grantee's expressed written consent.
   (e)   The grantee may bring an action to restrain or enjoin a violation or threatened violation of this section and for damages resulting from the violation. The grantee shall be entitled to issuance of such an injunction upon a showing that a violation has occurred or will occur, without the need for demonstrating irreparable injury, inadequacy of legal remedies or probability of recovery. The court shall award the greater of five hundred dollars ($500.00) or triple damages and reasonable attorneys' fees to the grantee if the grantee prevails in an action hereunder.
   (f)   A knowing violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500.00) for each day of infraction.
   (g)   If an unauthorized device designed to intercept, descramble or decode a cable television signal is present on the premises or property occupied and used by a person, it is presumed that the person knowingly used the device to intercept, descramble, or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it is presumed that the person knowingly used the connection to intercept cable signals. If equipment of the grantee which has been tampered with, changed or modified is present on the premises or property occupied by a person, it is presumed that the person knowingly used the equipment to intercept, descramble or decode cable signals.
   (h)   The grantee is expressly reserved its applicable rights and remedies available in law or in equity.
(Ord. 09-85-92. Passed 9-15-92.)