a.
Any person who willfully violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1.08 of this code.
b.
The misdemeanor penalty specified above in subsection (a) is not applicable to a violation of any provision of this chapter 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 chapter.
(Prior code § 61046; Ord. 98-519 § 1, 1998)
If any provision of this chapter 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 chapter, 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or state law or regulation is subsequently repealed or amended so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 chapter 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 thirty 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.
(Prior code § 61047; Ord. 98-519 § 1, 1998)
