Ordinance 2007-099 ORDINANCE NOaM 1``(')
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING A CABLE & VIDEO
CUSTOMER PROTECTION LAW
WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and that protect the public health, safety,
and welfare of its citizens; and
WHEREAS, this Ordinance is adopted pursuant to the Cable and Video Customer
Protection Law (220 ILCS 5/70 -501) authorizing a City to enforce all of the customer service
and privacy protection standards of the Section; and
WHEREAS, the City desires to enforce the customer service and privacy protection
standards with respect to complaints received from residents as provided by the Cable and Video
Customer Protection Law.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville as follows:
Section 1. Recitals. The facts and statements contained in the preamble to this
Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. Adoption of Cable and Video Customer Protection Law 220 ILCS 5/70-
501. Title 12 of the Municipal Code of the City of the United City of Yorkville shall be
amended by the addition of Chapter 3 that will read as follows:
CHAPTER 3
CABLE AND VIDEO CUSTOMER PROTECTION LAW
12 -3 -1: CUSTOMER SERVICE AND PRIVACY PROTECTION LAW.
A. Adoption. The regulations of 220 ILCS 5/70 -501 are hereby adopted by reference and made
applicable to the cable or video providers offering services within the City's boundaries.
B. Amendments. Any amendment to the Cable and Video Customer Protection Law that
becomes effective after the effective date of this Chapter shall be incorporated into this Chapter
by reference and shall be applicable to cable or video providers offering services within the
municipality's boundaries. However, any amendment that makes its provisions optional for
adoption by municipalities shall not be incorporated into this Chapter by reference without
formal action by the corporate authorities of the City.
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12 -3 -2: ENFORCEMENT:
The City does hereby pursuant to law declare its intent to enforce all of the customer service and
privacy protection standards of the Cable and Video Protection Law with respect to complaints
received from residents within the City.
12 -3 -3: PENALTIES:
The City, pursuant to 220 ILCS 5/70- 501(r)(1), does hereby provide for a schedule of penalties
for any material breach of the Cable and Video Protection Law by cable or video providers in
addition to the penalties provided in the law. The monetary penalties shall apply on a
competitively neutral basis and shall not exceed $750.00 for each day of the material breach, and
shall not exceed $25,000.00 for each occurrence of a material breach per customer.
(1) Material breach means any substantial failure of a cable or video provider to comply
with service quality and other standards specified in any provision of the law.
(2) The City shall give the cable or video provider written notice of any alleged material
breaches of the law and allow such provider at least 30 days from the receipt of the
notice to remedy the specified material breach.
(3) A material breach, for the purposes of assessing penalties, shall be deemed to occur
for each day that a material breach has not been remedied by the cable or video
service provider after the notice in (2).
12 -3 -4: CUSTOMER CREDITS:
The City hereby adopts the schedule of customer credits for violations. Those credits shall be as
provided for in the provisions of 220 ILCS 5/70- 501(s) and applied on the statement issued to the
customer for the next billing cycle following the violation or following the discovery of the
violation. The cable or video provider is responsible for providing the credits and the customer
is under no obligation to request the credit.
Section 3. Severability. If any provision of this Ordinance, or the application of any
provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall
not affect other provisions of this Ordinance, or their application, that can be given effect without
the unconstitutional or invalid provision or its application. Each unconstitutional or invalid
provision, or application of such provision, is severable, unless otherwise provided by this
Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect from and after
its passage and approval and publication as required by law. The provisions of this Ordinance as
to incumbent cable operators take effect January 1, 2008.
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ADOPTED this t$ day of 2007, pursuant to a roll call vote as follows:
AYES:',aQ,`„p ;-�-
NAPES:
ABSENT: ®;
ABSTENTION:
APPROVED by me this \< d of 2007.
i
Mayor f th Unite City of�Yorkville
lli
Kendall County, Inois.
mft)p� PP- F-4
ATTESTED, Filed in my office,
And published in pamphlet form
This day of bFCcMgEP- 2007.
C1 rk �Unite§City
of Yorkville
Kendall County, Illinois.
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