A. Any person who willfully violates any provision of this title is guilty of a misdemeanor and is punishable as provided for in chapter
1.12.
B. The misdemeanor penalty specified above in subsection
A of this section is not applicable to a violation of any provision of this title for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the city and a multichannel video programming distributor or other telecommunications service provider.
C. The
city may initiate a civil action in any court of competent jurisdiction
to enjoin any violation of this title.
(Code 1980, § 7.06.010; Ord. No. 599, § 2, 1999)
If any provision of this title is determined by any court of
competent jurisdiction, or by any federal or state agency having jurisdiction
over its subject matter, to be invalid and in conflict with any paramount
federal or state law or regulation now or hereafter in effect, or
is determined by that court or agency to require modification in order
to conform to the requirements of that paramount law or regulation,
then that provision will be deemed a separate, distinct, and independent
part of this title, and such determination will not affect the validity
and enforceability of any other provisions. If that paramount federal
or state law or regulation is subsequently repealed or amended so
that the provision of this title determined to be invalid or subject
to modification is no longer in conflict with that law or regulation,
then that provision will again become effective and will thereafter
be binding on the city and any affected telecommunications service
provider; provided, however, that the city must give the affected
telecommunications service provider 30 days' written notice
of that change before requiring compliance with that provision, or
such longer period of time as may be reasonably required for the telecommunications
service provider to comply with that provision.
(Code 1980, § 7.06.020; Ord. No. 599, § 2, 1999)