1150
ORDINANCE N0. 1150
AN ORDINANCE TO PROHIBIT PERSONS FROM TAMPERING, INTERRUPTING,
INTERFERING, DIVERTING, OR USING ANY CATV SERVICELINE, CABLE
OR OTHER CATV EQUIPMENT OF THE LOCAL CATV COMPANY; TO PROHIBIT
ANY PERSONS FROM CARRYING AWAY, OR DESTROYING ANY EQUIPMENT
OR FIXTURES BELONGING TO THE LOCAL CATV COMPANY OR USED IN
'~, CONNECTION WITH THE FURNISHING OF CATV SERVICE, DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES.
~- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
Section 1. Definition.
(a) "CATV" shall mean Community Antenna Television.
(b) "CATV Company" shall mean any company, or
companies franchised by the City of West Memphis
to provide CATV service within the City of
West Memphis, Arkansas.
(c) "Persons" shall include individuals, partnerships,
corporations and other associations.
Section 2. It shall be unlawful for any person, without
authority of the CATV Company, to intentionally obstruct,
injure, break, tamper with or destroy or in any manner interfere
with or interrupt any CATV service, line, cable or other CATV
equipment, or in any manner divert, use, or receive any
television, radio, audio, or video signal by any authorized
connection with any line or cable of the CATV Company, or to
take, carry away, injure or destroy any of the converters,
posts, cables, wires, insulators, fixtures, equipment,
installations or other things belonging to the CATV Company.
or used in connection with the furnishing of CATV services.
Section 3. The presence at any time on or about the
wires, cables or other CATV equipment of the CATV Company of
any device, wire or connection of any type or any other
modification not authorized by the CATV Company resulting in
the diversion of television, radio, audio or video signals
shall constitute prima facie evidence of knowledge and
intent to divert, use, or receive, on the part of the person
having custody or control of the room or place where such
signals are diverted, and shall constitute prima facie evidence
of the intention on the part of such person to violate
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Section 2 of this Ordinance and shall bring such person
prima facie within the scope and meaning of this section.
Section 4. Penalty.
(1) - First Offense. Any person who shall violate
any provision of this Ordinance, shall, upon
conviction thereof, be guilty of a Class "C"
Misdemeanor.
(2) - Second Offense. Any person found guilty
of violating any provision or part of a
provision of this Ordinance, shall, upon
conviction thereof, be guilty of a Class "A"
Misdemeanor.
Section 5. Emergency Clause. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that "CATV" (Community Antenna Television) have
experienced considerable difficulty and loss of revenue and
other interference from persons taking advantage of property,
installation and services belonging to "CATV" (Community
Antenna Television), therefore, an emergency is hereby
declared to exist and this Ordinance being necessary for the
preservation of the public peace, safety, and welfare of the
citizens of West Memphis, Arkansas, shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this ~4:~ day of
1984.
ATTEST•
CITY CLER ~
SPONSORED BY:
s/P.ritchar_d Horton)
See attachment..
s/Joe ~asf field )
2.
MAYOR