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 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 devices used with the system unless specifically authorized to do so by grantee.
C. No person shall intentionally deprive grantee of lawful charge for cable service.
D. No person shall resell grantee's cable service without grantee's expressed written consent.
E. Grantee may bring an action in its own name to restrain or enjoin a violation or threatened violation of this section and for damages resulting from the violation. City shall not be a party to any such action. Grantee shall be entitled to 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 triple damages and reasonable attorneys' fees to grantee if grantee prevails in an action hereunder.
F. In addition to any remedies available to grantee under subsection (E) of this section, any person knowingly violating any provisions of this section shall be guilty of an infraction and punishable by a fine not to exceed five hundred dollars ($500.00) for each day of violation.
G. 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 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.
H. Grantee is expressly reserved its applicable rights and remedies available in law or in equity. (Ord. 9527 § 1 (part), 1995: prior code § 3838)