HomeMy WebLinkAboutOrd.1026.06-17-1991BILL NO. 91-103 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES BY THE ADDITION OF NEW PROVISIONS
RELATING TO THE THEFT OF CABLE TELEVISION SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Chapter 17 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, is hereby amended by the addition of
one (1) new Section 17-53 entitled "Theft of Cable Television
Services", in words and figures, as follows, to -wit:
Sec. 17-53. Theft of Cable Television Services.
1. A person commits the offense of theft of cable
television service if he:
(1) Knowingly obtains or attempts to obtain cable
television service without paying all lawful
compensation to the operator of such service, by means
of artifice, trick, deception or device; or
(2) Knowingly assists another person in obtaining or
attempting to obtain cable television service without
paying all lawful compensation to the operator of such
service; or
(3) Knowingly connects to, tampers with or otherwise
interferes with any cables, wires or other devices
used for the distribution of cable television if the
effect of such action is to obtain cable television
without paying all lawful compensation therefor; or
(4) Knowingly sells, uses, manufactures, rents or offers
for sale, rental or use any device, plan or kit
designated and intended to obtain cable television
service in violation of this ordinance.
2. The existence on the property and in the actual
possession of the accused of any connection wire, or
conductor, which is connected in such a manner as to permit
the use of cable television service without the same being
reported for payment to and specifically authorized by the
operator of the cable television service shall be
sufficient to support an inference which the court may
submit to the trier of facts, from which the trier of facts
may conclude that the accused has committed the crime of
theft of cable television service.
3. If a cable television company either:
(1) Provides unsolicited cable television service; or
(2) Fails to change or disconnect cable television service
within ten (10) days after receiving written notice to
do so by the customer, the customer may deem such
service to be a gift without any obligation to the
cable television company from ten (10) days after such
written notice is received until the service is
changed or disconnected.
4. Nothing in this ordinance shall be construed to
render unlawful or prohibit an individual or other legal
entity from owning or operating a video cassette recorder
or devices commonly known as "satellite receiving dish" for
the purpose of receiving and utilizing satellite -relayed
television signals for his own use.
5. As used in this ordinance, the term "cable
television service" includes microwave television
transmission from a multi -point distribution service not
capable of reception by conventional television receivers
without the use of special equipment.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such. holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval. n
PASSED AND APPROVED THIS 17" DAY OF — � _� 19 `►
ancis E. Rhodes, Mayor
ATTEST:
aw,�t aott')
u ie Dale
Deputy City Clerk