(A) If any provision of this chapter or any related ordinances is held by any court of any federal, state or county agency of competent jurisdiction to be invalid as conflicting with any federal, state, or county law, rule or regulation, said provision shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect thevalidity and enforceability of the rest of the whole. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changes, so that the provisions which had been held invalid or modified is no longer in conflict with the laws, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall be binding on the parties, provided that the city shall give the permittee 30 days written notice of such change before requiring compliance with said provision.
(B) Any other provisions of this chapter to the contrary notwithstanding, a permittee shall at all times comply with all laws and regulations of the federal, state, county and city governments and all administrative agencies thereof; provided, however, that if any law or regulation shall prohibit a permittee expressly from performing a service required hereunder, such that it would be in conflict with the terms of this chapter or the provisions of the city's Code of Ordinances, then as soon as such a conflict becomes known to the permittee, the permittee shall notify the city in writing of what it believes the conflict to consist of and in particular what law or regulation it believes to be conflict with this chapter or the city's Code of Ordinances, and the permittee shall be thereby excused from performance hereunder, provided that it acts in good faith reliance thereon, pending an authoritative resolution of such conflict.
(C) If the city determines that a material provision of this chapter or any related ordinances is affected by such action of a court or of the federal, state or county government, the city shall have the right to modify any of the provisions herein or in such related ordinances to such reasonable extent as may be necessary to carry out the full intent and purpose of this chapter.
(Ord. 895, passed 10-13-03)