Chapter 5.30
NEWSRACKS
Sections:
5.30.01 Purpose and objectives.
5.30.05 Prohibited installation.
5.30.06 Placement and maintenance standards.
5.30.07 Display of certain matter prohibited.
5.30.08 Display of harmful matter.
5.30.09 Owner’s name and address to be on newsrack.
5.30.10 Costs: Restoration following newsrack removal or impoundment.
5.30.11 Application to existing newsracks: Time for compliance.
5.30.12 Violation: Notice to owner.
5.30.13 Impounding of newsracks: When authorized.
5.30.14 Impounding of newsracks: Request for hearing.
5.30.15 Return of impounded newsracks: Conditions: Impound fees.
5.30.16 Sale or disposal after impoundment: Impoundment hearing.
5.30.17 Impoundment: Hearing procedures.
5.30.19 Violations considered nuisance.
5.30.20 Business license requirements.
5.30.01 Purpose and objectives.
The principal purpose and objective of this chapter is to provide for the administration and regulation of newsracks placed on public rights-of-way. Newsracks are recognized as a means of public distribution and sale of periodicals and publications. As such, newsracks are frequently placed on public rights-of-way to serve the convenience of the public. Without proper and orderly regulation, newsracks and their placement on public rights-of-way would interfere with the health and safety of pedestrians and motorists using the rights-of-way, and adversely impact the appearance and aesthetics of the City. The provisions enumerated within this chapter shall apply to all newsracks placed on public rights-of-way. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.01)
5.30.02 Definitions.
For purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
“Curb” means the raised edge adjacent to a roadway between the sidewalk and the roadway located within the public right-of-way.
“Department” means the Planning and Development Services Department of the City of Clovis.
“Director” means the Director of the Planning and Development Services Department of the City of Clovis, or his/her designee.
“Driveway approach” means the portion of a public right-of-way, including curb returns or depressed curbs, providing vehicular access to a private roadway, building or other facility.
“Explicit sexual acts” means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or any other act of sexual arousal involving any physical contact with a person’s genitals, pubic region, pubic hair, perineum, anus or anal region.
“Newsrack” means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of any publication.
“Parkway” means that area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkways shall also include any area within a roadway which is not open to vehicular travel.
“Public right-of-way” means any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, trail, curb, gutter, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square or any other similar public way.
“Roadway” means that portion of a street improved, designed or ordinarily used for vehicular travel.
“Sidewalk” means any surface provided for the use of pedestrians. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.02)
5.30.03 Permit required.
A. A newsrack permit issued in accordance with this chapter shall be required prior to the installation, placement or maintenance of any newsrack which in whole or in part rests upon, in or over any public right-of-way. The permit shall be issued through the City’s encroachment permit process.
B. Each permit shall be valid as long as the permittee maintains the newsrack in compliance with all terms and conditions of the permit and this chapter. The Director may require annual review and renewal of the liability insurance required by this chapter. Each permit shall designate the number and location or locations of newsracks for which the permit has been issued. The permit shall be specific to the newsracks for which the permit is issued and nontransferable to other newsracks except that replacements for worn or damaged newsracks will be allowed.
C. Applications for permits shall be filed with the Department upon printed forms to be prescribed and supplied by the Department. The application shall be signed by the applicant and it shall contain the following information:
1. The name, address, and telephone number of the applicant and owner of the newsrack(s);
2. The name, address, and telephone number of a representative or other responsible person, if different from the applicant or owner, whom the City may notify or contact at any time concerning the newsrack(s);
3. The name of the street, approximate location, and number of the newsrack(s) to be installed or maintained;
4. A precise diagram showing the applicant’s proposed location for the newsrack(s) and the location and number of all other newsracks existing within one hundred feet (100') thereof;
5. The names of newspapers or other written material to be contained in each newsrack;
6. The type or brand of newsrack, the dimensions of the newsrack, and a photograph or scaled drawing of the newsrack and the mount;
7. A written statement whereby the owner agrees to indemnify, defend and hold harmless the City, its officers, officials, employees, and agents, from any loss or liability or damage, including attorneys’ fees, expenses and costs, for personal injury and for property damage sustained by any person, as a result of the installation, use or maintenance of a newsrack or newsracks within the City. The statement shall be in a legally binding form approved by the City Attorney.
8. Such other information the Director determines is necessary to ensure compliance with this chapter.
C. Each application for a newsrack permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. This fee shall be used to cover the cost of investigating the facts contained in the application, processing the application, and field inspection(s).
D. Provided the applicant has complied with the requirements of this section, the proposed location(s) is in compliance with the requirements of this chapter, and the proposed newsrack(s) meets the standards set forth in this chapter, a newsrack permit shall be issued. Accompanying the permit for each approved newsrack shall be a City of Clovis newsrack identification tag, that shall be durably affixed to each approved newsrack as set forth in Section 5.30.09. If the application is denied, the applicant shall be notified in writing of the specific cause of denial by the Department and of the right to appeal in accordance with Section 5.30.18.
E. Each permittee shall update all information on the permit and the identification tags required by Section 5.30.09 within thirty (30) days after any changes. Prior to any sale or transfer of ownership of newsracks for which a newsrack permit has been issued, the permittee shall notify the Department of such sale or transfer of ownership. All new owners or newsrack transferees shall comply with the provisions of this section and the provisions of Section 5.30.09 relating to identification of newsracks, within fourteen (14) days of the effective date of such transfer or sale. A failure to comply with this section shall be grounds for revocation of a newsrack permit and impoundment of a newsrack. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.03)
5.30.04 Liability insurance.
Prior to the granting of a permit under this chapter and at all times during which a newsrack is placed in or over a public right-of-way, the permittee or owner shall have on deposit with the Director a certificate of insurance and endorsement policy naming the City as an additional insured in accordance with the terms and minimum amounts required by the City’s Risk Management Department. Such insurance shall contain a provision that the policy cannot be cancelled, which shall include cancellation because of nonrenewal of the insurance by the permittee, except upon thirty (30) days’ written notice to the City of the fact of such cancellation. If no insurance is on file or if such insurance is cancelled, the Director may impound the newsrack in accordance with the procedures set forth in Section 5.30.13. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.04)
5.30.05 Prohibited installation.
A. No person shall install, use or maintain, or cause to be installed, used or maintained, any newsrack which projects onto, into or over any part of the roadway of any public street or trail, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street or trail.
B. No person shall install, use or maintain, or cause to be installed, used or maintained, any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, when the City determines that such installation, use or maintenance:
1. Would interfere with or impede paths of travel to or from any residence or place of business, or would likely interfere with the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location; or
2. Is on a site or location used for public utility purposes, public transportation purposes or other governmental use; or
3. Would cause the sidewalk or parkway to be in violation of the standards set forth under the Americans with Disabilities Act, or similar Federal or State law; or
4. Interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
C. No person shall install, use or maintain, or cause to be installed, used or maintained, any newsrack under any circumstances where to do so would cause a violation of the City’s zoning ordinance or any applicable site plan and conditional use permit conditions. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.05)
5.30.06 Placement and maintenance standards.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
A. Newsracks shall be constructed, installed and maintained in accordance with any written design standards adopted by resolution of the City Council. Newsracks shall also comply with written safety standards established by the City Engineer.
B. No individual newsrack shall exceed fifty inches (50") in height, thirty inches (30") in width or twenty-four inches (24") in thickness.
C. Newsracks placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches (6") or more than eighteen inches (18") from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack.
D. No newsrack shall be chained, bolted or otherwise attached to any private property without the express written permission of the owner of such property.
E. In addition to and notwithstanding any other provision of this chapter, no newsrack shall be placed, installed, used or maintained:
1. Within twenty feet (20') of any marked crosswalk;
2. Within twenty feet (20') of the curb return of any unmarked crosswalk;
3. Within ten feet (10') of any fire hydrant, fire call box, police call box or other emergency facility;
4. Within fifteen feet (15') of any driveway approach;
5. Within ten feet (10') ahead of and forty feet (40') to the rear of any sign marking a designated bus stop;
6. Within ten feet (10') of any bus bench or bus shelter;
7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet (4');
8. At any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet (5') for a length of more than thirty feet (30');
9. Within three feet (3') of any area improved with lawn, flowers, shrubs or trees, unless upon site inspection the Director determines that such placement will not interfere with maintenance activities conducted within the landscaped area;
10. Within three feet (3') of any display window of any building abutting the sidewalk or parkway, unless upon site inspection the Director determines that such placement will not interfere with the reasonable use of such window for display purposes;
11. Within ten feet (10') of any mailbox, utility pole, telephone pedestal and/or any other permanent fixture located in the public right-of-way;
12. Within a water main easement or within ten feet (10') of where water service is provided.
13. Adjacent to or on the curb abutting any fire access lane;
14. Within the limits of any portion of curb painted yellow, white or green;
15. In violation of the City Engineer’s safety standards.
F. Every newsrack shall be securely anchored to the ground in accordance with specifications provided by the City Engineer. Not more than four (4) newsracks shall be grouped together on any one support post.
G. No group of newsracks placed along a curb or a wall shall extend for a distance of more than sixteen feet (16'). Each group of newsracks shall be separated from another group of newsracks by a distance of at least one hundred feet (100') extending along the same curb or wall.
H. If sufficient space does not exist to accommodate all newsracks sought to be placed at one location without violating the standards set forth in this section, the Director shall give priority on a historical first-come, first-served basis.
I. No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of a newspaper or printed material sold therefrom.
J. Each newsrack shall be maintained at all times in a clean and neat condition, in good working order, free of trash, graffiti, graffiti-related decals, extraneous markings, rust, and faded, chipping or peeling paint. The view windows shall be clear, not yellowed or scratched.
K. Each newsrack shall be installed and maintained in compliance with this chapter, and in such manner as to comply with all State and Federal regulations concerning access by disabled persons.
L. The owner of a newsrack or the owner’s designated representative shall be responsible for picking up materials taken from the newsrack and thrown about as trash within one hundred fifty feet (150') of the newsrack. Upon notice to the owner or designated representative of such material being thrown about, the owner or designated representative shall remove the trash within twenty-four (24) hours. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.06)
5.30.07 Display of certain matter prohibited.
Publications offered for sale from newsracks placed or maintained on or projecting into or over the public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from any public right-of-way any of the following:
A. Any statements or words describing explicit sexual acts, sexual organs or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront.
B. Any picture or illustration of genitals, pubic hair, perinea, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.
C. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.07)
5.30.08 Display of harmful matter.
A. For the purposes of this section, the terms “harmful matter,” “matter,” “person,” “distribute,” “knowingly,” “exhibit” and “minor” shall have the meanings specified in Section 313 of the Penal Code of the State of California, or any successor provisions thereto. For the purposes of this section, the term “blinder rack” shall mean opaque material placed in front of, or inside, the newsrack which prevents exposure to public view.
B. No person shall knowingly exhibit, display or cause to be exhibited or displayed harmful matter in any newsrack located, in whole or in part, in, over or on any public right-of-way or public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds (2/3) of the matter are not exposed to public view. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.08)
5.30.09 Owner’s name and address to be on newsrack.
Every newsrack requiring a permit pursuant to this chapter shall have durably affixed thereto, in a place where such information may be easily seen, the name, address and telephone number of the owner thereof and, if there is a different representative responsible for maintaining the newsrack, the name, address, and telephone number of that person. Upon acceptance of a newsrack permit, the owner or permittee shall be deemed to have consented to receive any notices given pursuant to this chapter by mail at any of the addresses affixed to such permitted newsrack.
Every permitted newsrack shall also have durably affixed to it, in a place where such information may be easily seen, a City of Clovis Newsrack Identification Tag provided by the City with the permit. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.09)
5.30.10 Costs: Restoration following newsrack removal or impoundment.
The costs of installation, maintenance, replacement, removal and relocation of newsracks shall be at the sole expense of the permittee or owner. Upon removal of any newsrack, whether voluntarily by the permittee or owner or involuntarily through impoundment by the City, the permittee or owner shall at his/her sole expense cause the public right-of-way to be repaired to its original condition and in conformity to the surrounding area. If the permittee or owner fails to make such repairs within fourteen (14) days of removal, the work may be done by the City and charged to the permittee or owner. The costs of such restoration performed by the City, plus the costs of collection, shall be recoverable from the permittee or owner as a debt in a contract action or in any other lawful manner. If the costs are not paid within fourteen (14) days of notice, interest on the costs shall accrue at the rate of twelve percent (12%) per annum until paid. No further permits shall be issued to the permittee or owner until the debt is paid. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.10)
5.30.11 Application to existing newsracks: Time for compliance.
All newsracks existing at the time this chapter takes effect shall be deemed nonconforming and shall comply with the terms of this chapter within one hundred twenty (120) days, including the obtainment of a permit within that time limit. Following the expiration of the one hundred twenty (120) day time period, the Director shall be authorized to proceed to enforce the provisions of this chapter. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.11)
5.30.12 Violation: Notice to owner.
Whenever any newsrack is found to be in violation of this chapter, the Department shall cause a tag to be attached to such newsrack specifying the date and nature of the violation. A written notice of such violation shall thereafter be sent by the Department to the person whose name appears on the newsrack as provided in Section 5.30.09, specifying the nature of the violation, that the newsrack shall be impounded if corrections are not timely made, and that a hearing may be requested within fourteen (14) days of the mailing date of such notice. The owner shall, within fourteen (14) days of the date on which the notice of violation was mailed, or the violation tag was affixed to such newsrack where no name and address or telephone number of the owner may be found thereon, either cause the violation to be corrected or request a hearing in writing pursuant to Section 5.30.17. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.12)
5.30.13 Impounding of newsracks: When authorized.
A. The Department may impound a newsrack installed, used or maintained in violation of this chapter and after notice of such violation is given pursuant to Section 5.30.12 provided the owner or permittee has not timely requested a hearing pursuant to Section 5.30.17.
B. Where a newsrack has been determined to be abandoned, the Department may impound it pursuant to procedures set out in this chapter. For the purposes of this section, the term “abandoned” shall mean no publication has been displayed in the newsrack for a period of thirty (30) consecutive days or the same publication has remained in the newsrack for more than forty-five (45) days.
C. Where the installation, use, condition or maintenance of a newsrack creates an imminent threat to the public health, safety or welfare, the Department may immediately impound it pending a hearing pursuant to Section 5.30.17, provided such hearing is requested by the owner within fourteen (14) days of the date of mailing of a written notice of impoundment to the owner, if known. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.13)
5.30.14 Impounding of newsracks: Request for hearing.
Whenever any newsrack is to be impounded pursuant to Section 5.30.13(A) or (B), the owner may, within fourteen (14) days of the date of mailing of the notice of violation, or the date a violation tag was affixed to the newsrack where no name and address or telephone number of the owner may be found thereon, request a hearing in writing as provided in Section 5.30.17. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.14)
5.30.15 Return of impounded newsracks: Conditions: Impound fees.
A. Any newsrack, together with its contents, which has been impounded shall be returned to the owner, provided the owner’s identity is known, as follows:
1. Upon receipt of an impound fee in an amount set by resolution of the City Council, within thirty (30) days of the date of impoundment or an order affirming an impoundment; or
2. Upon determination after hearing by the Department that the newsrack should not have been impounded or should otherwise be returned to the owner; or
3. Where an appeal is timely filed, upon a decision by a hearing officer that the newsrack should not have been impounded or should otherwise be returned.
B. In the event a hearing has not been requested within the time permitted, an impound fee, the amount of which has been set by resolution of the City Council, shall be imposed upon the owner. (§ 1, Ord. 09-08, eff. June 3, 2009; § 21, Ord. 14-02, eff. March 5, 2014; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.15)
5.30.16 Sale or disposal after impoundment: Impoundment hearing.
The Department may sell or otherwise dispose of any newsrack, together with its contents, and retain the proceeds, including any moneys, on behalf of the City; provided, that either:
A. Thirty (30) days have elapsed since impoundment or the date of an order affirming an impoundment, and the owner or permittee has failed to pay all impound fees assessed and retrieve the newsrack; or
B. A hearing, if requested, and/or an appeal, if filed, has resulted in a final determination that the newsrack was properly impounded and fees assessed have not been received within thirty (30) days of the date of such final determination or the owner or permittee fails to retrieve the newsrack within that thirty (30) day time period.
C. A hearing, if requested, and/or an appeal, if filed, has resulted in a final determination that the newsrack was not properly impounded and the owner or permittee fails to retrieve the newsrack within thirty (30) days of the date of such final determination. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.16)
5.30.17 Impoundment: Hearing procedures.
A. Any owner may file a written request with the Department for a hearing within the time specified in Section 5.30.14 for the purpose of demonstrating that a newsrack should not be impounded or that a violation as specified in the notice or on the tag attached to a newsrack has not in fact occurred.
B. Within seven (7) days from the date on which the request for hearing is received, the Department shall set a hearing date and shall notify the owner by first class mail of the date, time and place of such hearing. The hearing shall occur within fourteen (14) days of the date of mailing the notice or reasonable extension agreed to by the Director and owner. A failure to set the hearing within seven (7) days shall not require the Director to re-notice the violation before setting a hearing.
C. The hearing shall be heard before the Director. At the hearing, the Director shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this chapter, and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
D. Within fourteen (14) days after the conclusion of the hearing, the Director shall find and determine, from the facts adduced at the hearing, whether the newsrack was in violation of this chapter. The decision of the Director shall be in writing and shall contain findings of facts, a determination of the issues presented and the amount of the impound fee, if any, to be imposed. The Director may order the owner to remove the newsrack, if determined to be in violation of this chapter, within fourteen (14) days of the mailing date of the decision. If a notice of appeal is not filed during said period, the Department may thereafter impound such newsrack without further notice to the owner.
E. The Department shall send to the owner, by first class mail, a copy of the decision and order. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.17)
5.30.18 Appeals.
A. Any newsrack owner or permittee may, within fourteen (14) days of the mailing date of the copy of the Director’s decision and order, appeal such decision to a hearing officer by filing a written notice of appeal with the City Clerk.
B. An appeal shall set forth in writing the basis upon which the appellant believes there was error or abuse of discretion on the part of the Department. The City Clerk shall advise the Department of the appeal and the Department shall, as soon as practical, transmit a copy of its file, decision and order, to the City Clerk, who shall set the matter for hearing within thirty (30) calendar days.
C. The hearing shall be conducted in accordance with Chapter 28 of Title 5 except that the decision options as set forth in subsection D of this section.
D. Following the hearing on the appeal, the hearing officer shall make written findings in support of its decision, which decision shall:
1. Affirm the Department’s decision and order and impose impound fees; or
2. Modify the Department’s decision and order, with or without imposing impound fees, and/or refer the matter back to the Department; or
3. Reverse the Department’s decision and impose no impound fee; and
4. In the event of an appeal of a permit denial, affirm, reverse or modify the Director’s decision.
E. No appeal shall be accepted, filed, processed or acted upon, unless it is in writing, and filed within the times permitted pursuant to this chapter. Nor shall any such appeal be accepted, filed, processed or acted upon unless all filing and processing fees, as required by this chapter, are fully paid. (§ 1, Ord. 09-08, eff. June 3, 2009; § 21, Ord. 14-02, eff. March 5, 2014; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.18)
5.30.19 Violations considered nuisance.
In addition to any other remedy available to the City under the Municipal Code, the violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.19)
5.30.20 Business license requirements.
Nothing in this chapter is intended to waive any requirements for obtaining City business licenses as they pertain to the operation of newsracks. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.20)
5.30.21 Severability.
The City believes that this chapter complies with all applicable laws. However, if the laws should change so that any provision of this chapter is no longer considered lawful, the City shall not enforce that provision of the chapter. In addition, if for any reason any section, subsection, sentence, clause, phrase or portion of this chapter is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. (§ 1, Ord. 09-08, eff. June 3, 2009; § 3, Ord. 14-13, eff. October 8, 2014. Formerly 9.7.21)