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HomeMy WebLinkAboutordinance.council.041-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~l (Series of 1979) AN ORDINANCE RELATING TO CABLE TELEVISION AND ESTABLISHING PENALTIES FOR THE UNAUTHORIZED CONNECTION THERETO WHEREAS, the City Council of the City of Aspen, Colorado, desires to amend Section 13-81 of the Aspen Municipal Code for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 13-81 of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: Sec. 13-81. Unauthorized interception of CATV televi- sion signals prohibited. (a) It shall be unlawful for any person to make any unauth- orized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a signal of a cable TV system for the purpose of enabling anyone to receive any television signal, radio signal, picture, sound, or other transmission, without payment to the transmitting company. (b) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures or other transmission. (c) In any prosecution charging a violation of this section, proof that a particular apartment, residence or struc- ture was connected without authorization to a cable TV system for the purpose of enabling anyone to receive any television signal, radio signal, picture, sound, or other transmission, without payment to the transmitting company, together with proof that the defendant named in the complaint was at the time of such unauthorized con- nection the occupant of the particular apartment, resi- dence or structure, as title owner or lessee, shall con- stitute in evidence a prima facie presumption that the occupant of the premises was the person who connected the premises in violation of this section. Section 2 Any person violating the provisions of this ordinance is guilty of a misdemeanor for each day of violation or failure to RECORD OF PROCEEDINGS 100 Leaves comply. Such violation shall exceed Three Hundred Dollars not to exceed Ninety (90) Section 3 If any provision of this to any person or circumstance be punishable by a fine not to ($300.00), imprisonment for a term days, or both. ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or appli- cation, and to this end the provisions of this ordinance are de- clared to be severable. Section 4 A public hearing on the ordinance shall be held on the ~ day of ~ , 1979, at 5:00 P.M. in the City Council~Chamb~rs, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of meeting held ATTEST: Aspen, Colorado, at its regular ~ayor KathrYn~. Koch City ClVerk FINALLY adopted, passed and approved ATTEST: Kathryn S,~/Ko~h City Clerk on the //~ day of , 1979. Herman Edel Mayor RECORD OF PROCEEDINGS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City ~ouncil of the City of Aspen on ~ _~--- , 197~, and published in the Aspen Times~/ ~ ~ weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of /~~ , 197Z, and was finally adopted // and approved at a regular meeting of the City Council on  ~ 197 ~, and ordered published as Ordinance No.''~/ , Series of 1979,__ of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~j , 197~. SEAL ~'D~'p u t y Cit~rk