No home educational or entertainment service provided through a cable television system, shall be provided or operated in a manner which is detrimental to the public peace, health, safety or welfare. The provisions of this section shall not be self-executing, shall not be deemed to authorize the cable television commission or any other public authority to establish bans upon services in advance of the offering thereof, and may be invoked solely pursuant to the following procedure.
If the board of directors of the cable television commission determines that there is reason to believe that a particular service provided through a cable television system is of a type or is otherwise provided in a manner which is detrimental to the public peace, health, safety or welfare, the board shall schedule a public hearing. Written notice identifying the service or services or method of provision subject to the determination shall be mailed to the franchisee not later than thirty (30) days in advance of the hearing. Notice of the hearing shall be given in the manner prescribed by Section 5.28.080 of this chapter. If at the conclusion of the public hearing, the board determines that a service is being provided of a type or in a manner which is detrimental to the public peace, health, safety or welfare, the board may enact regulations which prohibit the services or otherwise regulate the manner of the provision thereof, as the case may be, and may enforce the regulation by appropriate action in the courts of this state.
The powers of the board of directors of the commission under this section are coextensive with those which are authorized by laws of the state of California or United States and with those defined by the police power expressed by Article XI, Section 7 of the California Constitution. A franchisee shall not in relation to this section be deemed to have contractually or otherwise waived any constitutional right which would otherwise be applicable to a franchised cable television operator. (Prior code § 20.06.512)