§ 153.017 SEVERABILITY.
   (A)   Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, 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 the unconstitutionally 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 division (A), or elsewhere in this chapter, this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, 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 unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, even if 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 division (A), or elsewhere in this chapter, this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of unconstitutionality 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 sign-types prohibited and not allowed under § 153.010. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of § 153.010 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of the unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of § 153.010, thereby ensuring that as many prohibited signs-types as may be constitutionally prohibited continue to be prohibited.
   (D)   Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter 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 the unconstitutionality shall not affect the prohibition on billboards as contained in this chapter or code.
(Ord. 2005-03, passed 7-26-2005; Ord. 2016-02, passed 4-26-2016)