(a) Duties. Permittees shall faithfully perform all duties required by this ordinance.
(b) Different terms. The Act allows local units of government and video service providers to enter into voluntary franchise agreements that include terms and conditions which are different from those required under the Act or which are different from those in the standardized, uniform form of franchise agreement established by the MPSC. The Metro Act allows municipalities and providers to mutually agree to Metro Act permit terms differing from those in the standard forms of Metro Act permit approved by the MPSC. Current or prospective permittees who desire terms different from those in this article, as applied to them, should request such a voluntary franchise agreement or a mutually agreed to Metro Act permit from municipality.
(c) Interpretation and severability. The provisions of this ordinance shall be liberally construed to protect and preserve the peace, health, safety and welfare of the public, and should any provision or section of this ordinance be held unconstitutional, invalid, overbroad or otherwise unenforceable, such determination/holding shall not be construed as affecting the validity of any of the remaining conditions of this ordinance. If any provision in this ordinance is found to be partially overbroad, unenforceable, or invalid, permittee and municipality may nevertheless enforce such provision to the extent permitted under applicable law.
(d) Violations. A permittee who violates any provision of this ordinance is responsible for a municipal civil infraction, and shall be subject to such civil infraction fines and costs as prescribed in § 1-7 of the Municipal Code. Nothing in this section shall be construed to limit the remedies available to municipality in the event of a violation by a permittee of this ordinance.
(e) Authorized officials. The Mayor’s designee is hereby designated as the authorized official of municipality to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Municipal Chapter Violations Bureau) for violations of this ordinance, as provided by municipality’s ordinances or Municipal Code.
(Ord. 3760, passed 11-23-2009)