§ 42-11. Severability.  


Latest version.
  • (a)

    Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter 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.

    (b)

    Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), above, or elsewhere in this chapter, this Code or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such on constitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter, 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 relating to certain prohibited or exempted signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such on constitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter that pertains to prohibited signs, including specifically those signs and types exempted or prohibited, and not allowed under any section of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of section 42-8, Exempt signs or 42-7, Prohibited signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such on constitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of those sections, thereby insuring that as may prohibited sign types as may be constitutionally prohibited continue to be prohibited, and those exempted may continue to be exempted.

    (d)

    Severability of prohibition of billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter and/or any Code provisions and/or laws is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in this chapter or Code.

(Ord. No. 2010-11-13, 5-23-2011)