Chapter 15 OFFENSES--MISCELLANEOUS*
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)
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