812.12      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 specifically authorized to do so by a grantee. “Assist in intercepting, descrambling, decoding or receiving” includes the manufacture 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 other devices used with the system, unless specifically authorized to do so by a grantee.
   (c)   No person shall intentionally deprive a grantee of a lawful charge for cable service.
   (d)   No person shall resell a grantee's cable services without said grantee's express written consent.
   (e)   A grantee may bring an action to restrain or enjoin a violation or threatened violation of this section, and for damages resulting from the violation. A grantee shall be entitled to the 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 treble damages and reasonable attorneys' fees to a grantee if it prevails in an action hereunder.
   (f)   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 a 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.
   (g)   A grantee is expressly reserved its applicable rights and remedies available in law or in equity.
   (h)   In addition to the provisions of Section 812.05(a), no person who owns or controls any residential multiple dwelling unit, trailer park, condominium or apartment complex, or subdivision, shall interfere with the right of any tenant or lawful resident thereof to receive service from a grantee.
   (i)      No person shall knowingly violate any of the provisions of this section.
(Ord. 95-17. Passed 9-18-95.)