It is acknowledged that acts prohibited by this chapter are prohibited pursuant to subdivision (c) of Section 647 of the Penal Code of the State of California (hereinafter "Section 647[c]"). In the event said Section 647(c) is valid and enforceable, said Section 647(c) would preempt the provisions of this chapter. However, Section 647(c) has been held unconstitutional, invalid and unenforceable by the United States District Court in the case of Blair v. Shanahan (N.D. Cal. 1991) 775 F. Supp. 1315. Conversely, Section 647(c) has been held to be constitutional, valid an enforceable by the California state courts (Ulmer v. Municipal Court [1976] 55 Cal. App. 3d 263, 127 Cal. Rptr. 445; People v. Zimmerman [1993] 19 Cal. Rptr. 2d 286). The operation of this chapter is necessary and appropriate only if Section 647(c) is invalid and unforceable.
For the aforesaid reasons, this chapter shall be and remain in full force and effect; except, however, in the event any court of competent jurisdiction in any civil or criminal proceeding where the validity of any provision of this chapter is at issue determines that Section 647(c) is valid and enforceable, then and only then shall this chapter be deemed inoperative and of no force or effect for purposes of such proceeding. (Ord. 5406 § 1 (part); November 2, 1993.)