SEC. 1305. SEVERABILITY.
§ 1305
If a court or agency strikes down part of the San Francisco Municipal Code as unconstitutional or invalid, the rest of the Code remains in force. The Board of Supervisors declares it would have adopted each provision separately even if others were invalidated, and any court ruling applies only to the specific people or property involved, not citywide.
If a judge or government agency says that one rule in San Francisco's code breaks the law or the Constitution, that doesn't kill the whole code. The rest of the rules stay in effect. Also, if a rule is found to be unconstitutional for one person or situation, that ruling only affects that particular case—it doesn't automatically make the rule invalid everywhere else. This applies to the code now and to any changes made in the future.
- Could be simpler:Subsection (a) repeats 'unconstitutional or invalid or ineffective' multiple times; the phrase could appear once with a defined term for clarity and brevity.
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 or invalid or ineffective.
(b) If the application of any provisions or provisions of this Code to any person, property or circumstances is found to be unconstitutional or 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.
(Amended by Ord. 163-75, App. 4/28/75)