01-01-03: SEVERABILITY PROVISIONS:

   (1)   Repeal Of General Ordinances: All ordinances of the county passed prior to the adoption of this code which are not included in the 1993 county code are hereby repealed. Exceptions would be ordinances which by necessary implication herein are reserved from repeal (subject to the saving clauses contained in the following sections), and also excluded are the following ordinances: appropriation ordinances; bond ordinances; tax levy ordinances; ordinances fixing boundaries and creating annexations; and any ordinance which grants special rights to persons or corporations (such as contract ordinances); street naming or vacating ordinances; election ordinances; ordinances relating to the transfer or acceptance of real estate by or from the county; and all ordinances of a specific nature.

   (2)   Court Proceedings: With regard to offenses committed under former ordinances which have been repealed by the provisions hereof, a new ordinance shall not affect any offense committed against such former ordinance. Nor shall any penalty, forfeiture or punishment be affected by such repeal, except that all proceedings shall comply with the ordinance in force at the time of such proceeding, as far as practicable. If any penalty, forfeiture or punishment be tempered by any provision of a new ordinance, such provision may, with the consent of the affected parties, be applied to any judgment after the effective date of the new ordinance.

This information shall extend to all repeals, both specifically set out or if implied, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

   (3)   Separability: If any word or wording of this code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this code, or any part thereof. The county commission hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1996 Code)