G22-08 eft
Ordinance No. G22-08
AN ORDINANCE
CREATING CHAPTER 6.90
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED, "CABLE AND 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 CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
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. That Title 6 of the Elgin Municipal Code, 1976, as amended, "Business
Licenses and Regulations," be, and is hereby amended to create Chapter 6.90, entitled "Cable
and Video Customer Protection Law," to read as follows:
SECTION:
6.90.010: Customer Service and Privacy Protection Law
6.90.020: Enforcement
6.90.030: Penalties
6.90.040: Customer Credits
6.90.010: 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.
6.90.020: 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.
6.90.030: 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.
A. 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.
B. 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.
C. 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 subparagraph B of this section.
6.90.040: 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.
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�. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
approval and publication as required by law.
Ed Scho ayor
Presented: May 14, 2008
Passed: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published:
Attest:
Diane Robertson, Cit Clerk
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