§ 1-10-163. Penalties for violation of this article; assessed charges or liquidated damages for breach of franchise agreement.

(a)

To the extent permitted by state and local law, the board/franchising authority reserves the authority to institute a penalties schedule for violations of this article. Where appropriate and/or applicable, violations of this article shall be handled in the manner prescribed by either local or state law.

(b)

In instances where a franchise, franchise resolution, or franchise agreement provides for assessed charges or liquidated damages for the breach or violation of that franchise, franchise resolution, or franchise agreement, then such assessed charges or liquidated damages shall operate as a separate and independent remedy for the county to pursue.

(c)

Notwithstanding any other provisions contained within this article, a franchised cable operator shall not be subject to such provisions in instances of force majeure (as noted elsewhere in this article), and/or a "technical" violation of this article, or (where applicable) a "technical breach" of a franchise, franchise resolution, or franchise agreement (as noted elsewhere in this article).

(d)

Notwithstanding the other provisions in this section, a franchised cable operator shall be subject to possible default and/or revocation, termination, or cancellation for cause as set forth in this article.

(Ord. No. 97-023, § 1, 4-22-97)