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Division 26. Sign Ordinance.
Section
26.34. Severability.
(a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this division 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 division.
(b) Severability
where less speech results. Without diminishing or limiting
in any way the declaration of severability set forth above in Section 26.34(a),
or elsewhere in this division, this code, or any adopting ordinance, if any
part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this division 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 division, 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 in Section
26.34(a), or elsewhere in this division, this code, or any adopting ordinance,
if any part, section, subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this division 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 division that pertains to prohibited signs, including specifically
those signs and sign-types prohibited and not allowed under Section 26.4 of
this division. Furthermore, if any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of Section 26.4 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 Section 26.4.
(d) Severability
of prohibition on billboards. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this division
and/or any other code provisions and/or laws are declared invalid or 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 herein.
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