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9. SCOPE. <br /> A. This is an enabling ordinance authorizing the use of the unicipality's Public Right- <br /> of-Way for the provision of Cable Service and Competitive Video S rvice in the Municipality, <br /> but it does not take the place of any license or permit that may be aidditionally required of the <br /> Provider under Chapters 37 and 39 of the Municipal Code or a y other provision of the <br /> Municipal Code or other applicable law, either currently or at some 1 ter date. <br /> B. It shall be the responsibility of the Provider to obtain a and all such licenses or <br /> permits necessary to the operation and conduct of its business activiti s. <br /> C. Failure of the Provider to obtain and conform to the materi 1 provisions of any and all <br /> such franchises, licenses, or permits, and to make prescribed p yments if required as a <br /> condition of their issuance, shall be considered a violation of thi Chapter, and subject the <br /> Provider to the penalties set forth in Section 10. <br /> 10. PENALTY. <br /> A. In addition to the provisions of Section 7. (E), having to do with revocation of <br /> permits, any Person who willfully violates a provision of thi Chapter is guilty of a <br /> misdemeanor and, upon conviction thereof, shall be fined not more an Two Hundred Dollars <br /> ($200.00); any such violation shall constitute a separate offense for each successive day <br /> continued. <br /> B. The collection by Municipality of any damages, monies o penalties shall not affect <br /> any other right or remedy available to Municipality, nor shall any act, or failure to act, by <br /> Municipality be deemed a waiver of any right available to Municipalit . <br /> 11. PUBLIC AND COMMUNITY BENEFITS. , <br /> A. A Provider shall designate a sufficient amount of capaci y on its network to allow <br /> the provision of a comparable number of public, educational, d governmental ("PEG") <br /> channels or hours of programming, at the Municipality's discre ion, as specified in any <br /> agreement entered into pursuant to this Chapter 42 that have bee activated and provided, <br /> provided such programming is submitted in a manner and form that is capable of being <br /> accepted and transmitted by the Provider and compatible with the Pro ider's technology. <br /> B. Any programming made available under this Sect on shall be solely for <br /> noncommercial public, educational and governmental purposes and t e content shall be the sole <br /> responsibility of the Municipality. <br /> C. Providers shall use such programming technology of its c oosing as will enable the <br /> Provider to provide emergency notificati�n as may be necessary in a cordance with the Federal <br /> Emergency Alert System in the event of a public safety emergency. <br /> s <br />