HomeMy WebLinkAbout1979-20 Amending the Vail Municipal Code to Provide in the Code Provisions Relating to the Severing of the Cable Television Cables Prior to Excavation, Repair, and Cost of Damage to Said Cables~- ~ ~ ~ • i
" ~ ORDINANCE NO.-~=~~
Series of 1979
AN ORDINANCE AMENDING THE VAIL
MUNICIPAL CODE TO PROVIDE IN
THE CODE PROVISIONS RELATING TO
THE SEVERING OF THE CABLE TELE-
VISION CABLES, LOCATATION OF SAID
CABLES PRIOR TO EXCAVATION, REPAIR,
AND COST OF DAMAGE TO SAID CABLES,
PROHIBITING THE USE OF THE PUBLIC
STREETS AND WAYS FOR CABLE TELE-
VISION FACILITIES WITHOUT A FRAN-
CHISE FROM THE TOWN OF VAIL, PRO-
HIBITING UNAUTHORIZED CONNECTION,
TAMPERING OR INTERFERENCE WITH
CABLE TELEVISION FACILITIES AND
SETTING FORTH DETAILS RELATING
THERETO
WHEREAS, Ordinance 14 (Series of 1974) and the Franchise
Agreement executed in conformance therewith prohibits certain
activities and the Town Council is of the opinion that those pro-
visions should be part of the Vail Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. There is hereby adopted Chapter 12.08 "Cable Tele-
vision Facilities" for the Vail Municipal Code to read as follows:
Chapter 12.08 Cable Television Facilities
12.08.010 Excavation-Cable Location
A person or entity planning an
excavation within the Town shall
request the Company or Companies
franchised to provide Cable Tele-
vision within the Town of Vail to
inform it of the location of its
cable or other equipment in the
vicinity of the planned excavation,
and as promptly as practicable after
its receipt of the request the Company
shall give said information to said
person or entity; the Company shall
furnish said information within 48
hours of the receipt of the request,
excluding Saturdays, Sundays, and
Colorado legal holidays, unless
unusual circumstances preclude it
from doing so. The willful or
negligent failure of the Company
to furnish said information shall
relieve the person or entity which
requested it from the obligation
to pay for the damage or repair
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' Ord.1o. 20 + Page
that it causes or necessi-
tates to the Company's cable
or other equipment provided that
a said person or entity uses rea-
sonable care in making the planned
excavation; and the request for
information was in writing.
12.08.020 Damage to Cable
A. At any time cable and/or other equip-
ment of a Company or Companies fran-
chised to provide cable television
within the Town of Vail is disturbed,
damaged, or severed the cost of the
repair shall be paid by the party res-
ponsible for said damage. The Company
may charge the responsible party for
the time and materials expended for
repair of said damage. The Company
shall repair any damage to its cable
or other equipment and restore service
immediately if such is feasible or
otherwise as promptly as practicable,
ordinarily prior to seeking payment
for the damage or repair from the
responsible party.
B. In the event any necessary repair is
not completed within 48 hours after
the damage to the cable or other pro-
perty occurs the Company which owns
the damaged cable or other property
shall inform the Town thereof, in
writing if feasible, giving the rea-
sons for the delay and the estimated
time when the repair will be completed.
Section 2. The Vail Municipal Code is amended by the addition
of Chapter 5.26 Cable Television Franchise to read as follows:
Chapter 5.26 Cable Television Franchise
5.26.010 Cable Television Franchise-Required
It shall be unlawful for any person,
Company or entity to construct, in-
stall, or maintain within any public
street in the Town, or within any
other public property of the Town,
or within any privately-owned area
within the Town which has not yet
become a public street but is des-
ignated or delineated as a proposed
public street on any proposed sub-
division map approved by the Town,
any equipment or facilities for dis-
tributing any television signal or
radio signal through a Cable Television
system, unless a franchise authoriz-
ing such use of such street, property,
or area has first been obtained from
the Town, and unless such franchise
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Or~No. 20 . Page •
is then in full force and effect.
Section 3. The Vail Municipal Code is amended by the addition
of Chapter 9.54 "Unauthorized connection, tampering, or interference
with Cable Television" to read as follows:
Chapter 9.54 "Unauthorized connection, tampering, or
interference with Cable Television"
9.54.010 Unauthorized connections-Cable Television
It shall be unlawful for any person
or entity to make for himself or for
another person to make any unauthor-
ized connection whether physically,
electrically, acoustically, inductively,
or otherwise, with any part of the fran-
chised cable television system within
the Town for the purpose of enabling
himself or another person or entity
to recieve any television signal, radio
signal, picture, program, or sound,
without payment to the operator of said
cable system. In any prosecution
changing a violation ~f this Chapter 9.54,
proof that the defendant named in
the complaint was at the time of the
alleged violation the owner of record
of the property or the person occuping
said property receiving the signal as
herein prohibited, shall constitute
in evidence a prima facie presumption
that the owner of record or the person
in occupation was the person who vio-
lated the provisions of this Chapter
9.54.
9.54.020 Tampering prohibited
It shall be unlawful for any person,
without the consent of the owner,
thereof, to willfully or negligently
tamper with, remove, or injure any
cables, wires, or equipment used
for distribution of franchised tele-
vision signals, radio signals, pictures,
programs, or sound.
Section 4. If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
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. ~ Ord~o. 20 ~ Page 4 •
Section 5. The Town Council hereby finds, determines and
declares that this ordinance is necessary and proper for the health,
safety and welfare of the Town of Vail and the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL this day of { ;,1rvt,~ , 1979,
and a public hearing on this ordinance shal be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on the
day of ~~.1iI,~~,c:!~--- 1979, at 7:30 P.M., in the Municipal
* Building of the T~wn.
~j
i~
Mayor
ATTEST:
,~
Town `~-~~erk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED Q this ~ ~ day of ~ ,
1979.
Mayor / '
ATTEST:
r
~~ 1-i t. ,l /, ~ Y~~ ~~
Town `~CT~rk ` `"