A. From and after the effective date of this chapter, it shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
B. From and after the effective date of this chapter, it shall be unlawful for any person to construct, install or maintain within any right-of-way in the city, or within any privately owned area within the city which has not yet become a public right-of-way but is designated or delineated as a proposed right-of-way on any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such right-of-way 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 is unlawful for any person to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the franchised cable television system within this city for the purpose of taking or receiving or enabling himself/herself or others to receive or use any television signals, radio signals, picture, program or sound, without payment to the owner of the system. Notwithstanding the foregoing, utilization of equipment to receive directly from any satellite, any signal by an individual for his/her utilization or that of his/her invitees shall not be subject to nor be in violation of this chapter so long as such signal is not scrambled and there is no marketing program in place for the purchase of such signals and he/she does not retransmit such signal.
D. It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
E. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars or be imprisoned in the county jail for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 505 § 1(part), 1987).