§ 7½-10. Other items.

(a)

Duties. Permittees shall faithfully perform all duties required by this chapter.

(b)

Different terms. The Act allows local units of government and video service providers to enter into voluntary franchise agreements that include terms and conditions which are different from those required under the Act or which are different from those in the standardized, uniform form of franchise agreement established by the MPSC. The Metro Act allows municipalities and providers to mutually agree to Metro Act permit terms differing from those in the standard forms of Metro Act permit approved by the MPSC. Current or prospective permittees who desire terms different from those in this chapter, as applied to them, should request such a voluntary franchise agreement or a mutually agreed to Metro Act permit from the city.

(c)

Interpretation and severability. The provisions of this chapter shall be liberally construed to protect and preserve the peace, health, safety and welfare of the public, and should any provision or section of this chapter be held unconstitutional, invalid, overboard or otherwise unenforceable, such determination/holding shall not be construed as affecting the validity of any of the remaining conditions of this chapter. If any provision in this chapter is found to be partially overbroad, unenforceable, or invalid, permittee and the city may nevertheless enforce such provision to the extent permitted under applicable law.

(d)

Violations. A permittee who violates any provision of this chapter is responsible of a municipal civil infraction, and shall be subject to such civil infraction fines and costs as provided in section 1-8 of the city Code. Nothing in this section shall be construed to limit the remedies available to the city in the event of a violation by a permittee of this chapter.

(e)

Authorized city officials. The manager is hereby designated as the authorized city official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the municipal chapter violations bureau) for violations under this chapter as provided by section 1-8 of the city Code.

(Ord. No. 2015-13, 5-11-15)