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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 '~ ' 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 .------ ~. ~ - 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. _- .~~ . ~ 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 ` `"