§ 656.1319. Severability.  


Latest version.
  • (a)

    Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or Part is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or Part.

    (b)

    Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above, or elsewhere in this Section, Part, Chapter or Ordinance Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or Part is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or Part, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

    (c)

    Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above, or elsewhere in this Section, Part, Chapter or Ordinance Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or Part or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or Part that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under this Part 13.

(Ord. 2010-253-E, § 10)