(a) No home educational or entertainment service provided through a cable communications 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 County or any other public authority to establish bans upon services in advance of the offering thereof, and may be invoked solely pursuant to the procedure set forth in this section.
(b) If the Board determines that there is reason to believe that a particular service provided through a cable communications 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 or provision subject to the determination shall be mailed to the grantee not later than thirty (30) days in advance of the hearing. Notice of the hearing shall be given in the manner prescribed by Section 11-1.406 of Article 4 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 the State.
(c) The powers of the Board under this section shall be coextensive with those which are authorized by laws of the State or United States and with those defined by the police power expressed by Section 7 of Article XI of the Constitution of the State. A grantee shall not, in relation to this section, be deemed to have contractually or otherwise waived any constitutional right or right provided by the Act which would otherwise be applicable to a franchised cable communications operator. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 12, Ord. 999, eff. March 7, 1985)