§ 26-8. Franchisee subject to other laws, police power.

(a)

A franchisee shall at all times be subject to and shall comply with all applicable law. A franchisee shall at all times be subject to all lawful exercise of the police power of the county.

(b)

Subject to applicable law, except as may be provided specifically in this chapter or under the terms of a franchise agreement and subject to the cable act, 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 compliance or performance.

(c)

The provisions of this chapter shall be applied to franchisees in addition to the terms of any franchise agreement and shall apply to a franchise agreement as if fully set forth in the franchise agreement to the extent not inconsistent with applicable law. The express terms of this chapter will prevail over conflicting or inconsistent provisions in a franchise agreement to the extent not inconsistent with applicable law unless such franchise agreement expresses an explicit intent to waive a requirement of this chapter.

(d)

Except as to matters that are governed by federal law or regulation, a franchise agreement will be governed by and construed in accordance with the laws of the state.

(e)

In the event of any change in law which would require the county to amend this chapter, the county and a franchisee may modify an existing franchise in a mutually agreed upon manner.

(Ord. No. 02-18, § 2, 7-30-02)