[Ord. 1991-5, 12/16/1991]
1.
This Part is adopted by the Supervisors of Hepburn Township in order
to promote the granting of franchises by the Township for the use
of Township roads and for the purposes of allowing cable television
systems to operate within the Township in the best interest of the
citizens and the Township welfare, trade and commerce and accordingly,
the following is adopted:
A.
This Part shall be known and may be cited as, "Governing the Granting
of Cable Television Franchises by Resolution of the Board of Supervisors
and Providing for Regulation Thereof and Penalties for Violation in
the Township of Hepburn, Lycoming County, Pennsylvania, Ordinance."
B.
The Supervisors have determined that it is in the best interest of
the citizens to promote the supplying of cable television service
to the residences and other buildings and consumers in the Township
provided that the same be done in an orderly and appropriate manner
and that each system providing services be regulated in a consistent
manner with appropriate fees being paid for the privilege of operating
within the Township and accordingly under the authority of the Second
Class Township Code of the Commonwealth of Pennsylvania and the federal
laws, rules and regulations pertaining to the same this Part is implemented
in order that the Supervisors may by resolution approve contracts
from time to time for the operation of such cable television systems
within the Township.
[Ord. 1991-5, 12/16/1991]
The following definitions shall apply to this Part:
The Board of Supervisors, Hepburn Township, Lycoming County,
Pennsylvania.
Any system using a cable for the distribution of television
impulses and television energy for sale to the residents and businesses
and other consumers and inhabitants of the Township; the same may
be abbreviated CATV systems.
Any person granted a contract approved by corporate resolution
of the Supervisors permitting the operation of a CATV system within
the Township.
Hepburn Township, Lycoming County, Pennsylvania.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if the lessee
is authorized under the lease to exercise the rights of the owner,
or other person have a proprietary or legally recognizable interest
in land which is served by or is required to be served by an on-lot
sewage disposal system.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty, fine or imprisonment,
the term person shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
The Board of Supervisors of Hepburn Township, Lycoming County,
Pennsylvania.
Hepburn Township, Lycoming County, Pennsylvania.
[Ord. 1991-5, 12/16/1991]
1.
No person shall operate a CATV system in the Township or supply any
person in the Township with CATV services without having entered into
a nonexclusive franchise contract agreement with the Supervisors.
2.
The Supervisors may hereafter from time to time by resolution authorize
the entry into of said contracts with franchisees as the Supervisors
deem appropriate for operation of CATV systems within the Township.
[Ord. 1991-5, 12/16/1991; as amended by Ord. 8.5.2008, 8/5/2008]
1.
Any person who shall operate a CATV system in the Township or who
provides any CATV system services to any person, resident, business
or other place in the Township or constructs any line cable or any
other type of structure or facility designed or intended to be used
for providing CATV systems within the Township, whether or not the
same provides services to persons, residences or other inhabitants
of the Township without having first entered into a franchise agreement
with the Supervisors, or who shall wilfully violate the terms of any
such franchise agreement entered into before or after the effective
date of this Part, upon conviction thereof or such other maximum fines
as may be applicable to such offense under the laws of Commonwealth
of Pennsylvania in an action brought before a magisterial district
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
A.
The Supervisors may from time to time designate an appropriate official
of the Township to institute prosecutions for violation of this Part.
B.
In the event the Supervisors fail to designate an appropriate Township
official to commence prosecutions as set forth above, the Zoning Officer
of the Township shall have the authority to institute prosecutions
for violations of this Part.
[Ord. 1991-5, 12/16/1991]
This Part shall be deemed to be retroactive and applied to the
contract with Telesystems Corporation, dated December 19, 1989, and
said contract shall be deemed to have been adopted under the terms
of this Part by the resolution of the Supervisors which adopted the
same and, furthermore, the Supervisors do hereby ratify and confirm
the terms of the contract in accordance with the provisions of this
Part.
