(A) (1) Severability is intended throughout and within the provisions of this chapter. If any provision, including inter alia any exception, part, phrase or term, or the application thereof to any person or circumstance is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of the chapter in any and all other respects shall not be affected thereby. From excess of caution, the Mayor is authorized to give advisory opinions, in writing or immediately reduced to writing, which shall be binding, and shall be adhered to by the police, until the chapter is amended in such respect, interpreting terms, phrases, parts or any provisions.
(2) Normally such advisory opinions shall be in response to good faith, signed letters addressed to him or her at the borough administration building, questioning as:
(a) Ambiguous;
(b) As having a potentially chilling effect on constitutional rights specifically invoked; or
(c) As otherwise invalid, in all three categories with respect to proposed conduct definitely described.
(B) This administrative remedy must be exhausted prior to presenting to any court a question in any of said three categories. Borough Council does not intend a result that is absurd, impossible of execution or unreasonable. It is intended that this chapter be held inapplicable in such cases, if any, where its application would be unconstitutional. A constitutional construction is intended and shall be given. Council does not intend to violate the Constitution of the commonwealth or the Constitution of the United States of America.
(Ord. 6-2004, passed 9-13-2004)