5-3-6: ADVISORY OPINIONS:
The chief executive, after consultation with the city attorney, is hereby authorized to give advisory opinions in writing, which shall be binding and shall be adhered to by the police, until the ordinance codified herein is amended in such respect, interpreting terms, phrases, parts or any provisions. Normally, such advisory opinions shall be in response to good faith, signed letters addressed to the chief executive or to a member of the city council questioning the curfew ordinance codified herein as: a) ambiguous; b) having a potentially chilling effect on constitutional rights specifically invoked; or c) otherwise invalid, in all three (3) categories with respect to proposed conduct definitely described. This administrative remedy must be exhausted prior to presenting to any court a question in any of the three (3) categories. The city council does not intend a result through the enforcement of the ordinance codified herein that is absurd, impossible of execution or unreasonable. The city council intends that the ordinance codified herein be held inapplicable in such cases, if any, where its application would be unconstitutional under the constitution of the state or the constitution of the United States. (Ord. 99-18, 10-19-1999)