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Reading, PA Code of Ordinances
READING, PA CODE OF ORDINANCES
PREFACE
Chapter C HOME RULE CHARTER
Chapter 1 GENERAL PROVISIONS
Chapter 5 ADMINISTRATIVE CODE
Chapter 14 AUTHORITIES
Chapter 23 BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
Chapter 36 FIRE AND RESCUE SERVICES
Chapter 51 INITIATIVE AND REFERENDUM
Chapter 62 PENSIONS
Chapter 70 PERSONNEL
Chapter 77 POLICE DEPARTMENT
Chapter 91 SALARIES AND COMPENSATION
Chapter 120 ALARM SYSTEMS
Chapter 127 ALCOHOLIC BEVERAGES
Chapter 141 ANIMALS
Chapter 166 CABLE TELEVISION
Chapter 173 COMMERCIAL LAUNDRY CODE
Chapter 180 CONSTRUCTION CODES
Chapter 185 CONVERSION THERAPY
Chapter 188 CURFEW
Chapter 201 ELECTRIC SERVICE
Chapter 212 FEES
Chapter 219 FIREARMS
Chapter 225 FIREWORKS
Chapter 231 FIRE INSURANCE PROCEEDS
Chapter 237 FIRE PREVENTION AND PROTECTION
Chapter 251 FOOD CODE
Chapter 272 GRAFFITI
Chapter 288 HEALTH AND SAFETY
Chapter 295 HISTORICAL AND CONSERVATION DISTRICTS
Chapter 302 HOUSE NUMBERING
Chapter 308 HOUSING
Chapter 325 LAW ENFORCEMENT
Chapter 328 LEAD-BASED PAINT
Chapter 332 LIBRARY
Chapter 339 LICENSES AND PERMITS
Chapter 346 LITTER AND ADVERTISING MATERIAL
Chapter 353 LOITERING AND PANHANDLING
Chapter 364 MASSAGE THERAPISTS
Chapter 378 MUNICIPAL CLAIMS AND LIENS
Chapter 387 NOISE
Chapter 396 PARKS AND RECREATION
Chapter 403 PAWNBROKERS
Chapter 410 PEDDLING AND SOLICITING
Chapter 424 POLES
Chapter 431 PROPERTY SALES
Chapter 433 PUBLIC ART
Chapter 438 RAIN BARRELS
Chapter 442 RECORDS, PUBLIC ACCESS
Chapter 453 SALES
Chapter 460 SCRAP METAL DEALERS
Chapter 467 SEWERS AND SEWAGE DISPOSAL
Chapter 473 SEXUALLY ORIENTED BUSINESSES
Chapter 479 SIDEWALK CAFES
Chapter 485 SIGNS
Chapter 496 SOLID WASTE
Chapter 502 STORAGE FACILITIES
Chapter 505 STORMWATER MANAGEMENT
Chapter 508 STREETS AND SIDEWALKS
Chapter 515 SUBDIVISION AND LAND DEVELOPMENT
Chapter 521 SUSTAINABILITY
Chapter 536 TAMPERING WITH PUBLIC PROPERTY
Chapter 540 TATTOO AND PIERCING ESTABLISHMENTS
Chapter 543 TAX ABATEMENTS
Chapter 546 TAX AMNESTY PROGRAM
Chapter 549 TAXATION
Chapter 555 TREES
Chapter 564 VEHICLE NUISANCES, STORAGE OF
Chapter 570 VEHICLE REPAIR SHOPS
Chapter 576 VEHICLES AND TRAFFIC
Chapter 583 VENDING MACHINES
Chapter 600 ZONING
Chapter A610 ANNEXATION OF TERRITORY
Chapter A611 BOND ISSUES AND LOANS
Chapter A612 FRANCHISE AND SERVICES
Chapter A613 GOVERNMENTAL AND INTERGOVERNMENTAL AFFAIRS
Chapter A614 PLAN APPROVAL
Chapter A615 PUBLIC PROPERTY
Chapter A616 SEWERS
Chapter A617 STREETS AND SIDEWALKS
Chapter A618 WATER
Chapter A619 ZONING; PRIOR ORDINANCES
Chapter DT DERIVATION TABLE
Chapter DL DISPOSITION LIST
§ 166-108.  Franchise violations.
   A.   Damages for franchise violations. If the grantee fails to perform any obligation under the franchise agreement, or fails to do so in a timely manner, the grantor may require, as liquidated damages, that the following sums may be assessed after full compliance with the procedures detailed in Subsection B:
      (1)   For failure to adhere to system construction milestones in accordance with the plan included in the franchise agreement, unless the grantor specifically approves the modification due to the occurrence of conditions beyond grantee's control, grantee shall pay $250 per day for each day, or part thereof, that the time schedule is not met.
      (2)   For failure to provide upon request of the grantor, data, documents, reports or information as specified herein grantee shall pay $250 per day for each day, or part thereof, each violation occurs or continues.
      (3)   For failure to test, analyze and report on the performance of the system following a request pursuant to the franchise, as specified herein, the grantee shall pay to the grantor $250 per day for each day, or part thereof, that such noncompliance continues.
      (4)   For failure to comply with operational, performance or maintenance standards as specified herein, grantee shall pay to the grantor $250 per day for each day, or part thereof, that such noncompliance continues.
      (5)   For failure to provide channels, equipment, and capital funding for access channels as required in the franchise agreement with the grantor, the grantee shall pay $250 per day for each day, or part thereof, that such noncompliance continues.
      (6)   For failure to pay the franchise fee on time, the grantee shall pay 1% per month of the franchise fee due and owing if payment is late.
      (7)   No liquidated damages shall be assessed if the violation occurs without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
      (8)   Subject to Subsection B, the grantor may terminate the franchise, for any of the causes stated in § 166-104G.
      (9)   No such liquidated damages shall be imposed by the grantor against grantee for any violation of this franchise without the grantee being afforded the procedures provided for in Subsection B.
   B.   Procedure for remedying franchise violations. In the event that the grantor determines that the grantee has violated any provision of the franchise agreement, any rule or regulation promulgated pursuant hereto or any applicable federal, state, or local law, the grantor shall make a written demand on the grantee that it remedy such violation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the grantor within 30 days following the receipt of such demand, the grantor shall determine whether or not such violation, breach, failure, refusal, or neglect by the grantee was excusable or inexcusable, in accordance with the following procedure, which shall be conducted so as to provide the grantee with notice of the alleged violation and an opportunity to respond:
      (1)   A televised public hearing shall be held and the grantee shall be provided with an opportunity to be heard upon 30 days' written notice to the grantee of the time and the place of the hearing provided and the allegations of franchise violations. A permanent record of this hearing shall be kept.
      (2)   If, after notice is given and at the grantee's option, a full public proceeding is held, the grantor determines that such violation, breach, failure, refusal, or neglect by the grantee was excusable as provided in Subsection C below, the grantor shall direct the grantee to correct or remedy the same within such additional time, in such manner and upon such terms and conditions as the grantor may direct.
      (3)   If, after notice is given and at the grantee's option a full public proceeding is held, the grantor determines that such violation, breach, failure, refusal or neglect was inexcusable, then the grantor may assess a penalty or remedy in accordance with Subsection A above.
      (4)   If, after notice is given, and at the grantee's option, a full public proceeding is held, the grantor declares the franchise or any renewal thereof breached, the parties may pursue their remedies pursuant to the franchise or any other remedy, legal or equitable.
   C.   Force majeure; grantee's inability to perform. In the event the grantee's performance of any part of the terms, conditions, obligations, or requirements of the franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond the grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God and civil emergencies.