CHAPTER 12
FEDERAL, STATE AND CITY JURISDICTION

Sections:

13-12-101    Construction.

13-12-102    Ordinance Applicability.

13-12-103    Other Applicable Ordinances.

13-12-104    City Failure to Enforce.

13-12-105    Construed According to Utah Law.

13-12-101 Construction.

This Ordinance shall be construed in a manner consistent with all applicable federal and state statutes.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)

13-12-102 Ordinance Applicability.

This Ordinance shall apply to all Franchises granted or renewed after the effective date of this Ordinance. This Ordinance shall further apply, to the extent permitted by applicable federal or state law to all existing Franchises granted prior to the effective date of this Ordinance and to a Provider providing Services, without a Franchise, prior to the effective date of this Ordinance.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)

13-12-103 Other Applicable Ordinances.

A Provider’s rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A Provider shall comply with all applicable general laws and ordinances enacted by the City pursuant to its police powers. In particular, all Providers shall comply with the City zoning and other land use requirements.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)

13-12-104 City Failure to Enforce.

A Provider shall not be relieved of its obligation to comply with any of the provisions of this Ordinance or any Franchise granted pursuant to this Ordinance by reason of any failure of the City to enforce prompt compliance.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)

13-12-105 Construed According to Utah Law.

This Ordinance and any Franchise granted pursuant to this Ordinance shall be construed and enforced in accordance with the substantive laws of the State of Utah.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)