(A) Construction. This subchapter shall be construed in a manner consistent with all applicable federal and state statutes.
(B) Ordinance applicability. This subchapter shall apply to all franchises granted or renewed after the effective date of this subchapter. This subchapter shall further apply, to the extent permitted by applicable federal or state law, to all existing franchises granted prior to the effective date of this subchapter and to a provider providing services, without a franchise, prior to the effective date of this subchapter.
(C) Other applicable ordinances. A provider’s rights are subject to the police powers of the city to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. A provider shall comply with all applicable general laws and ordinances enacted by the city pursuant to its police powers; in particular, all providers shall comply with the city zoning and other land use requirements.
(D) City failure to enforce. A provider shall not be relieved of its obligation to comply with any of the provisions of this subchapter or any franchise granted pursuant to this subchapter by reason of any failure of the city to enforce prompt compliance.
(E) Construed according to state law. This subchapter, and any franchise granted pursuant to this subchapter, shall be construed and enforced in accordance with the substantive laws of the state.
(Prior Code, § 13.10.120) (Ord. 11-98, passed 5-20-1998)