§ 1-10. Severability.  


Latest version.
  • It is declared to be the intent of the city council that if any section, subsection, sentence, clause, phrase or portion of this Code or any ordinance is held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code or any ordinance, and it shall be construed to have been the legislative intent to pass this Code or the ordinance without the unconstitutional, invalid or inoperative part therein, and the remainder of this Code or the ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. If this Code or any ordinance or provision thereof is held inapplicable to any person, group of persons, property of kind of property, or circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstance.

(Ord. No. 349, § 4, 11-24-03)