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Haxtun, CO Code of Ordinances
HAXTUN, COLORADO CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 113.33 PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
   (A)   (1)   A cable operator shall not, as to rules, regulations, rates, changes, provision of service or use of a provider’s facilities and equipment, make or allow, or grant undue preference or advantage to any person, nor subject any person to prejudice or disadvantage on the basis of age, race, creed, color, sex, national origin, handicap, religious affiliation or location of residence.
      (2)   Cable operators shall not deny cable service, or the extension of cable service, to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides.
   (B)   The provisions of this section shall not, however, prohibit a cable operator from:
      (1)   Offering a promotional or incentive discount rate or charge as long as the rate or charge does not exceed 120 days in length;
      (2)   Denying service based on location of residence, if that residence is outside the parameters for line extension as detailed in a franchise agreement, if applicable;
      (3)   Implementing a carefully designated no-frills service tier for “lower income”, and/or fixed income individuals; and/or
      (4)   Making agreements or entering into cable service agreements with multiple dwelling unit owners, including hotel, motel and mobile park owners, to provide cable service under a bulk billing or other type of arrangement.
(Prior Code, § 13.20.210) (Ord. 96-13.20, passed - -1996)
§ 113.34 USE AND RETURN OF EQUIPMENT.
   A customer shall maintain any equipment rented or leased from a cable operator in good working order, and operate the equipment only in the manner specified by the cable operator or the manufacturer of the equipment.
   (A)   If needed for proper operation, or requested by a customer, a cable operator shall deliver to a customer written instructions detailing the proper use of rented, loaned or purchased equipment. A cable operator may comply with this section by delivering the manufacturer’s instructions to a customer.
   (B)   A customer shall totally and fully reimburse a cable operator for any damage to a cable operator’s equipment that is due to the customer’s failure to properly maintain and operate the equipment.
   (C)   A customer shall be relieved from any responsibility for reimbursing a cable operator for equipment which malfunctions or does not operate due to a hidden or latent defect in the equipment or for which fails to operate or improperly operates due to natural occurrences conditioned by the normal wear and tear of the equipment, of for equipment damaged or destroyed by an act of nature.
(Prior Code, § 13.20.220) (Ord. 96-13.20, passed - -1996)
§ 113.35 SECURITY DEPOSITS.
   (A)   A cable operator is not required to seek a security deposit from a customer for use or rental of the cable operator’s equipment.
   (B)   However, if a security deposit is charged:
      (1)   A cable operator shall comply with any, and all, applicable state statutes, rules or regulations concerning security deposits. If the state has no statutes, rules or regulations concerning the security deposit for a particular piece of equipment, then the cable operator shall be prohibited from charging any security deposit for equipment which exceeds the replacement cost to the cable operator;
      (2)   A cable operator shall be prohibited from charging any security deposit for cable service which exceeds twice the basic monthly rate. This shall be in addition to any other security deposit allowable under this division (B); and
      (3)   A cable operator shall return a security deposit if the equipment is returned in as good condition as when provided to the customer, normal wear and tear excepted.
(Prior Code, § 13.20.230) (Ord. 96-13.20, passed - -1996)
§ 113.36 SERVICE INQUIRY LOGS.
   (A)   In order to assist the town in assessing the resolution of customer service requests, inquiries and complaints, a cable operator shall be required to keep and maintain service logs, subject to any limitations imposed by state or federal law (including any subscriber privacy limitations).
   (B)   At a minimum, the service inquiry logs should contain the following:
      (1)   The date and time of the initial receipt of a service request, inquiry or complaint, together with the date and time of the initial response;
      (2)   The nature of the matter;
      (3)   The precise action taken by a cable operator in order to resolve the matter; and
      (4)   Whether the matter was resolved by allowing a credit or refund of some sort. In addition to any other right of inspection that the town may possess, it shall have the right to review and inspect a compilation of the logs. The town shall not have the right of review or inspection for any logs or any information contained within the logs that are otherwise protected by state or federal law.
(Prior Code, § 13.20.240) (Ord. 96-13.20, passed - -1996)
§ 113.37 RESTORATION OF A SUBSCRIBER’S PROPERTY.
   At any time a cable operator disturbs the yard, residence or other real or personal property of a subscriber, the cable operator shall ensure that the subscriber’s property is returned, replaced and/or restored to a substantially similar condition as that in existence prior to the disturbance by the cable operator. The costs associated with both the disturbance and the return, replacement and/or restoration shall be borne by the cable operator. The requirements imposed upon the cable operator extend to any subcontractor or independent contractor employed by the cable operator.
(Prior Code, § 13.20.250) (Ord. 96-13.20, passed - -1996)
§ 113.38 DISCONNECTION FOR NON-PAYMENT.
   A subscriber shall be subject to disconnection for non-payment if the customer fails to comply with reasonable payment policies disclosed in advance to the subscriber.
(Prior Code, § 13.20.260) (Ord. 96-13.20, passed - -1996)
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