§ 12-07. Franchisee subject to laws, police power; reservation of rights.

(A)

A franchisee shall at all times be subject to and shall comply with all applicable federal, state and local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the County to adopt and enforce generally applicable ordinances, resolutions, rules, regulations, written policies and practices necessary to the convenience, health, safety and welfare of the public, and shall comply with all applicable ordinances, resolutions, rules, regulations, written policies and practices by the County pursuant to such power.

(B)

The County shall have all power conferred on a cable franchising authority not otherwise preempted by federal or state law.

(C)

If the Communications Act is amended or any provision thereof is held invalid or unenforceable, either of which materially affects the County's authority with respect to the regulation of cable operators or the terms and provisions of this chapter, the Board shall have the right to amend this chapter in a manner which is not inconsistent with such amendments or holdings.

(D)

The County reserves the right to create, establish or appoint such boards and persons to assist it in administering the provisions of this chapter and to establish a procedure for the creation, establishment, appointment or operation of such.

(E)

Subject to applicable law, except as may be specifically provided in this chapter or under the terms of a franchise agreement, the failure of the County, upon one or more occasions, to exercise a right or to require compliance or performance under this chapter or a franchise agreement shall not be deemed to constitute a waiver of such right or a waiver of requiring compliance or performance.

(Ord. No. 98-20, § 1, 9-15-98)