SEC. 1405. SEVERABILITY.
§ 1405
If any part of the San Francisco Municipal Code is ruled unconstitutional or invalid by a court, that ruling does not invalidate the rest of the Code. The Board of Supervisors states it would have enacted each provision independently, and any legal challenge applies only to the specific situation at issue, not to the Code's application elsewhere.
If a court decides that one part of San Francisco's laws is unconstitutional or doesn't work, that doesn't cancel out all the other laws. The City says it would have passed each rule on its own, even if one part gets thrown out. Also, if a court says a rule doesn't apply to one person or situation, that doesn't automatically mean the rule stops working for everyone else.
- Complex:The section uses extensive nested phrasing ("Article, Section, subsection, paragraph, sentence, clause or phrase") repeated multiple times, which makes it harder to follow than necessary despite expressing a straightforward legal concept.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) If any Article, Section, subsection, paragraph, sentence, clause or phrase 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, or other competent agency, such decisions shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each Article, Section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more Articles, Sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
(b) If the application of any provision or provisions of this Code to any person, property or circumstances is found to be unconstitutional, invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy and the application of any such provisions to other persons, properties and circumstances shall not be affected.
(c) This Section shall apply to this Code as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.
(Added by Ord. 329-98, App. 10/30/98)