(a) Miscellaneous Violations.
(1) It shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in the city any television signals or radio signals by means of a system using public right of ways unless a permit therefor has first been obtained pursuant to the provisions of this chapter, and unless such permit is in full force and effect.
(2) It shall be unlawful for any person to construct, install or maintain within any street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, or the city's official map or the city's major thoroughfare plan, any equipment or facilities for distributing any television signals or radio signals through a system, unless a permit has first been obtained.
(b) Emergency Use. In the case of any emergency or disaster, the operator shall, upon request of the city and so long as not inconsistent with federal law, make available to the city its system and related facilities located within the city for emergency use during the emergency or disaster period.
(c) Captions. The paragraph captions and headings in this chapter are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this chapter.
(d) Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or during thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration Of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation.
(e) Force Majeure. If by reason of a Force Majeure either party is unable in whole or in part to carry out its obligations hereunder, that party shall not be deemed to be in violation or default during the continuance of such inability.
(f) Municipal Services. At the request of the Mayor, each operator shall install and provide its most complete (highest) cable service, exclusive of optional per channel or per program offerings not voluntarily provided by the operator, to all city buildings used for city operations and designated by the city, at no charge for either the initial installation or for monthly service provided at each location, provided the city building is located within 150 feet of the operator's system and capable of being serviced with a standard installation constructed of a drop cable strung aerially on existing utility poles or placed underground through existing easements and existing conduits. Other city buildings shall be provided service on a time and material basis. Each of these installations should include a drop, one outlet, and one converter (or such other terminal equipment as may be necessary to provide an electronic interface with a television receiver; provided, however, that the city shall be responsible for any theft, damage or other casualty loss of any converters provided under this section. There is no limit on the number of television receivers the city may operate from this connection, but the expense of installing and maintaining an internal distribution system shall be the responsibility of the city. Any internal distribution system installed by the city shall conform to all applicable federal, state and city rules, regulations, and ordinances and shall be operated in such a manner so as not to interfere with the operator's system. Absent the consent of the operator so burdened, the Mayor shall attempt to distribute any burdens of this provision among all operators in an equitable manner that is not unduly discriminatory.
(Ord. 91-99. Passed 7-26-99.)