Sec. 15-15A. Construction and severability.


(a) Severability is intended throughout and within the provisions of sections 15-9 through 15-15. If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of sections 15-9 through 15-15 in any and all other respects shall not be affected thereby.
(b) Advisory Opinions. The mayor, 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 sections 15-9 through 15-15 are 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 mayor or to a member of the board of aldermen, questioning the curfew ordinance as: (1) ambiguous; (2) having a potentially chilling effect on constitutional rights specifically invoked; or (3) 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 mayor and board of aldermen do not intend a result through the enforcement of sections 15-9 through 15-15 that is absurd, impossible of execution or unreasonable. The mayor and board of aldermen intend that sections 15-9 through 15-15 be held inapplicable in such cases, if any, where their application would be unconstitutional under the Constitution of the State of Maryland or the Constitution of the United States of America. (Ord. No. G-95-24, § 1, 6-15-95)