ORDINANCE NO. 82-8

AN ORDINANCE PROVIDING RATES TO BE CHARGED FOR WATER SERVICE BY THE CITY OF SODAVILLE, OREGON; PRESCRIBING THE RULES AND REGULATIONS  FOR THE CONDUCT AND OPERATION OF THE WATER UTILITY OF SAID CITY AND CONNECTION THEREWITH: REGULATING AND GOVERNING THE USE OF WATER FROM SAID UTILITY; PROVIDING PENALTIES FOR NONPAYMENT OF WATER SERVICE AND FOR VIOLATION OF THIS ORDINANCE; REPEALING ORDINANCE NO. 80-11.

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS:

Section 1. (Short Title)

This ordinance shall be known as "Rates, Rules and Regulations for the Operation of the Water Utility of the City of Sodaville, Linn County, Oregon", and may be so cited and pleaded.

Section 2. (Scope)

The Water Utility and all customers receiving services from the Water Utility, whether inside or outside the city limits, are bound by these rules and regulations of the Water Utility.

Section 3. (Definition of Terms)

City: The legally constituted municipal government of the City of Sodaville, Linn County, Oregon.

Water Utility: The Water Utility Division of the City of Sodaville, Oregon Public Works Department.

City Council: The legally elected group of Councilors and the Mayor, the City Council of the City of Sodaville, Oregon, having the power and authority to set rates, fees, penalties and other charges for the consumption of water and use of Water Utility facilities.

Public Works Director: The person hired by the City Council to superintend to the affairs of the Water Utility.

Applicant: Persons or person, agency, or corporation making application for water service from the Water Utility under the terms of these regulations.

Residential Service: Provision of water through a 5/8" or larger meter for single household residential including approved home occupation purposes as well as sprinkling lawns, gardens and shrubbery; watering livestock; washing vehicles; and other similar and customary purposes.

Commercial Service: Provision of water for non-residential, non-home occupation commercial or civic purposes which includes but is not limited to lodging, retailing and wholesale establishments, restaurants, laundries, gasoline stations, offices, public buildings, government agencies, hospitals, schools, and churches all of which must be served by 1" or larger services.

Temporary Service: A service for circuses, bazars, fairs, construction work and similar uses that, because of their nature, will not be used steadily or permanently.

Contract Service: Contract Services shall consist of those services for fire defense, industrial or independent water district purpose under contracts authorized by the City Council.

Mains: Distribution pipelines located in street, highways, public ways or private right-of-way which are used to serve the general public.

Main Extensions: Extensions of distribution pipelines, exclusive of service connections, beyond existing facilities.

Service Connection: The pipe, valves and other facilities through which the utility conducts water from its distribution mains to and through the meter, but does not include the piping from the meter to the property served.

Customer Service Line: That part of the piping on the customer's property that connects the service to the meter.

Active Service: An installed service connection which is in use.

Inactive Service: An installed service connection which is not in use.

Premises: The integral property or area, including improvements thereon to which water service is or will be provided.

Section 4. (Service Area)

The area served by the Water Utility shall be all that are included within the corporate limits of the City of Sodaville and such other contiguous and neighboring territory as the City Council and Linn County shall, from time to time, deem necessary to serve.

Section 5: (Description of Service)

1. 1. Supply: The utility will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure, and to avoid a shortage or interruption in delivery.

   2. Quality: The utility will exercise reasonable diligence to supply a safe and potable water at all times.

   3. Ownership of System: All water mains, valves, fittings, hydrants and other appurtenances, except "customer service lines" shall be the property of the Public Works Department.

   4. Classes of service: All services installed by the utility will be classified as follows:

      1. Residential Service

      2. Commercial Service

      3. Contract Service

   5. Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the Public Works Department, by authorization of the City Council, reserves the right to make special contract, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. This special contract shall be in writing, signed by the applicant and approved by the City Council and City Attorney and signed by the Mayor and City Recorder of the City of Sodaville.

   6. Resale of Water. Resale of water shall be permitted only under special contract, in writing, between the City Council and the persons, parties or corporation selling the water.

   7. Service Preference: In case of a supply shortage, the Public Works Department reserves the right to give preference in furnishing service to the customers and interest of the Water Utility from the standing of public convenience or necessity. Water service to contract service outside of the city limits shall at all times be subject to the prior and superior rights of the customers within the city limits.

   8. Connections to alleviate public health hazards: If, after inspection by the Linn County Health Department, a well in the City is determined to have not passed a fecal coliform and/or streptococcus test, that well shall be condemned and, the owner shall connect to the existing city water system and pay all existing water systems development fees. This hook-up shall take place within 90 days after the findings have been revealed by the Linn County Health Department. Failure to comply with this provision shall result, upon conviction, in a fine not to exceed $200 per day for each day of the violation.

Section 6. (Application for Service)

1. 1. Application: Each applicant for water service will be required to sign a form provided by the utility, setting forth:

      1. The date of application.

      2. The location of premises to be served.

      3. The date on which applicant will be ready for service.

      4. Whether the premises have ever before been supplied by the utility.

      5. The purpose for which the service is to be used.

      6. The class and size of service.

      7. The address to which bills are to be mailed or delivered.

      8. Whether the applicant is an owner or tenant of, or agent for, the premises.

      9. An agreement to abise by all rules, regulations and ordinances of the utility, as now existing or as hereafter changed or amended.

      10. Applicant shall give excess permission to City to go upon their premises to inspect plumbing for cross connections.

      11. Such other information as the utility may reasonably request. The application is merely a written request for service and does not bind the Water Utility to serve the applicant.

   2. Individual liability for joint service: Two or more parties who join to make application for service shall be jointly and individually liable and shall be sent a single periodic bill.

   3. Application Amendments:

      1. Customers desiring a material change in the size, character or extent or equipment or operation which would result in a material change in the amount of water used shall give the Water Utility written notice of such change prior to the change and application for service shall be amended.

      2. Customers desiring a change in the size, location or number of services shall fill out an amended application.

   4. Special Contract: Contracts, other than applications, may be required prior to service where, in the opinion of the utility, special circumstances warrant special consideration.

   5. Deposits and establishment of credit. At the time application for service is made, the applicant shall establish his/her credit with the Water Utility.

      1. Establishment of credit: The credit of the applicant will be deemed established if: The applicant makes a cash deposit with the Water Utility to secure the payment of bills for service. The deposit for residential service and commercial service shall be as in the current fee ordinance.

      2. Deposits: At the time the deposit is given to the Water Utility the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The Water Utility will not pay interest on any deposit.

      3. Forfeiture of Deposit: If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the Water Utility have been paid and the cash deposit replaced, together with a service charge as provided in Section 12, subsection 6 herein.

Section 7. (Main Extensions)

1. Within the city limits: Water main extensions to areas within the city limits not presently served with water shall be installed by the developers of said areas, under provisions to be established by the City Council, entirely at the expense of the developer. The mains shall become the property of the Water Utility after installation of the main has been completed.

2. Outside the city limits. Water mains outside the city limits shall be extended only at the expense of the customers served. The main extensions shall become the property of the Water Utility at the time installed. The City Council shall determine the size of the main extension and all extensions shall be of a suitable material approved by the City Council. Extensions outside the city limits shall be installed by the Public Works Department or by contractors approved by the Public Works Department. The installation procedures and materials used shall be in accordance with the City and State of Oregon standards.

3. Locations of extensions: The Water Utility will make water main extensions only on rights-of-way, easements or publicly owned property. Easements or permits secure for main extensions shall be obtained in the name of the City of Sodaville along with all rights and title to the main at the time the service is provided to the customers paying for the extension.

Section 8. (Services)

1. Ownership: installation and maintenance: The Water Utility shall own, install and maintain all services; installation and maintenance shall only be performed by authorized employees of the Public Works Department. The Customer shall own, install and maintain the customer water system service line.

2. Water System Charge: At the time the applicant files for service where no service previously existed, she/he shall submit with the application the current Water System Charge which represents a charge in lieu of assessing benefitted properties on a frontage basis. The Water System Charge shall be determined by the City Council and published in the current Fee Ordinance.

3. Change of Service Charge: When the applicant files for a change of service size or location, she/he shall submit with the application the Change of Service Charge which covers the cost of processing the individual request and reinstalling the service from the main. Such permanent changes in the size or location of the service requested by the customer shall be paid by the customer on the basis of the actual cost of labor, materials and equipment to the Water Utility for making the change plus 15%.

4. Size of Service: The Water Utility will furnish and install a service of such size and at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is listed by the Water Utility. The minimum size or service shall be five-eights inch. The Water Utility may refuse to install a service line which is under-sized or oversized as determined by a study and report of the Public Works Director to the City Council.

5. Length of Service:

   1. Where the main is in a public right-of-way, the meter will be placed at the right-of-way line nearest the property to be served for the standard connection fee, provided the length of service line does not exceed sixty (60) feet.

   2. Where the main is on an easement or publicly owned property other than designated rights-of-way, the services shall be installed to the boundary of the easement or public property by the Water Utility, provided the length of service does not exceed thirty (3) feet.

6. Multiple Units:

   1. Separated premises under single ownership or management will each be supplied through individual service connections.

   2. Each and every unit within a multiple family structure shall be individually metered.

   3. Liability for payment for all water furnished to separated rental units, single or multiple family, is that of the owner of the property.

7. Division of Already Service Property:

In the event that a water user's property is divided and someone other than the applicant acquires an interest, either as contract purchaser or as legal owner, in the newly created parcel, the water user shall not continue to serve such portion of the property with water. The newly created parcel must be served by an independent connection and service pipe separate from the existing service. The new property owner is obligated to make application and payment for a new water service. If water continues to be supplied from the service connection on the older lot of record to the newly created parcel, the Water Utility will shut off the service until application is made to serve the newly created parcel or all plumbing from the older lot of record to the newly created parcel is removed.

8. Fire service connections other than standby: A service having fire protection on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water used through that service, regardless of its use, will be charged at the regular rate.

9. Temporary Service Connections: For Water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material furnished by the Water Utility. The applicant shall also apply his water bill in advance and establish satisfactory credit.

   1. Time Limit: Temporary service connections shall be disconnected ad terminated within six months after installation unless an extension of time is granted in writing by the Water Utility.

   2. Charge for water served: Charges for water furnished through a temporary service connection shall be at the established rates set forth in the current water rate schedule.

   3. Installation charges and deposits: The applicant for temporary service will be required:

      1. To pay the Water Utility, in advance the estimated cost of installing and removing all facilities necessary to furnish each service.

      2. To deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used, or to otherwise establish credit approved by the Water Utility.

      3. To deposit with the Water Utility an amount equal to the value of any equipment loaned by the utility to such applicant under the terms of Section 8, Section 8 (d) hereinafter.

   4. Responsibility for meters and installation: The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the Water Utility. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit refund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.

10. Customer's Plumbing, which shall include the customer service line:

    1. Plumbing Code: All plumbing, piping, fixtures and other appurtenances carrying or intended to carry water, sewer or drainage, shall comply with the plumbing code of the State of Oregon.

    2. Control Valves: The customer shall install a suitable valve, as close to the meter location as practicable on the customer's side of the meter, the operation of which will control the entire water supply from the service. The city will not complete the service connection until the customer's shut-off valve is installed. The Customer is not permitted to operate the curb stop in the meter box.

    3. Cross Connections:

       1. Health regulations: Unprotected cross connections between the public water supply and any unapproved source of water are prohibited.

       2. Definition: A cross connection is defined as an interconnection between the Water Utility water supply and any unapproved water supply, or a connection between a water distribution pipe and any fixture installed in such a manner that unsafe water, waste or sewage may be drawn into the Water Utility's Distribution System. Two classifications of cross connections:

          1. Direct - Connections in which pure and impure water are separated by gate valves, check valves, or both.

          2. Indirect - Connections which permit pollution to enter when the pressure in the utility water system falls below atmospheric pressure, this creating a vacuum. This process of water pollution is known as back siphonage.

       3. Use of private water and city water: Customers desiring to use both the Water Utility supply and a supply of water other than that furnished by the utility may obtain water at meter rates upon the following conditions and not otherwise.

    4. Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the utility water supply and that of a private water supply.

    5. Under no circumstances shall provision be made to connect the two systems by means of a spacer or otherwise. Where such cross connections or provision for cross connection are found to exist, the utility water supply shall be shut off from the premises without notice. In case of such discontinuance, service shall not be reestablished until satisfactory proof is furnished that the cross connection or provision for cross connection has been completely and permanently severed.

Section 9. Meters

1. Ownership: The Water Utility will own and maintain all water meters. The Water Utility will not pay rent or any other charge for a meter or other water facilities, including housing and connections on a customer's premises.

2. Installation: Installation of water meters shall be performed only by authorized employees or contractors authorized by the Public Works Director.

3. The size and type of meter: Applicant may request and receive any size meter regularly stocked or furnished by the Public Works Department, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized, as determined by the Public Works Director. The Public Works Department reserves the right to determine the type of meter to be installed.

4. Location of meters: Meters shall normally be placed at the curb or property lines. The meter will be installed where the applicant desires within reason, but the location must be approved by the Public Works Director. The meters will not be located in driveways or other location where damage to the meter or its related parts may occur.

5. Joint use of meters: The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited except under special contract, in writing, with the City Council.

6. Changes in size or location: If for any reason a change in the size of a meter and service is required the installation will be accomplished on the basis of a new connection after the current one is abandoned and the customer's application shall be amended. Meters or services moved for the convenience of the customer will be relocated only at the customer's expense.

Section 10. (Rates)

The water rates to be charged for each class of service, including minimum charges, charges, [sic] for water used over the minimum and water system development fees which include the costs of installing a new service, including excavation and backfill; tapping the main; laying the pipe; installing the meter, yoke and meter box; and replacement of surfacing materials shall be established by Ordinance 17-01.

1. 1. Water rates may be revised at any time without invalidating the rules and regulations of this ordinance.

   2. Effective date: The rates provided to be paid and collected shall be effective for all collection periods beginning on and after the date of the Fee Ordinance.

   3. Rates shall generally be charged for the use of the said water service upon the basis of the volume of water used, and the charges based upon said rates shall be payable at the City Hall. The City Recorder shall have authority to deprive the property concerned of said water service for failure to pay the water service charges. Service shall not be resumed until satisfactory arrangement for payment has been made with the city.

Section 11. Notices

1. Notices to customers: Notices from the Water Utility to the customer will normally be given in writing and wither mailed or delivered to him at his last known address. Where conditions warrant and in emergencies, the Water Utility may notify either by telephone or messenger.

2. Notice from customers: Notices and complaints from the customer to the Water Utility must be given by the customer or his authorized representative in writing at the Sodaville Public Works Department Office.

Section 12. Billing and Payment

1. Meter readings:

   1. The Water Utility will read all meters monthly, when service is terminated, and other occasions at the discretion of the Public Works Director. 

2. Meter reading accounts:

The Water Utility will keep an accurate account on its books of all readings of meters and such account so kept shall be offered at all times, places, and courts as prima facia evidence of the use of water service by the customer.

3. Rendering of bills:

   1. The monthly minimum may be paid monthly without billing.

   2. All meters shall be read and bills adjusted monthly.

   3. Bills for other than normal billing period. Opening or closing bills, or bills that for any other reason cover a period containing 10 percent more days or 10 percent less days than in the normal billing period shall be prorated.

   4. Adjustments on accounts shall be made after the quarterly reading or at termination in order to reflect any overcharge or undercharge since the last actual reading.

   5. Bills for more than one meter. All meters supplying a customer's premises shall be billed separately, except that where the Water Utility has for operating purposes installed two or more meters in place of one, the reading may be combined for billing.

   6. Bills shall be delivered by mail and postmarked no later than the 10th day of the month

4. Disputed bills: When a customer disputes the correctness of a bill, he shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit shall warrant discontinuance of service as provided under subsection (6) of this section.

5. Payment of bills: Payment is due at the Sodaville City Recorder no later than the fifth of the month following the month the bill was mailed. If the bill is not paid by the date, the account shall be considered delinquent, unless other arrangements have been made with the Water Department in writing that specify another due date.

6. Method of payment: Checks or money orders will serve as receipts. Cash payments may also be made.*

7. Delinquent Accounts shall be handled in the manner prescribed by the City's Fee Ordinance.

Section 13. (Water Meter)

1. 1. Meter accuracy: All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service which is known to have error in registration in excess of 2 percent under conditions of normal operation.

   2. Meter Test: 

      1. Standard test: Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.

      2. On customer request: A customer may, give no less than seven days' notice, request the Water Utility to test the meter servicing his premises. The Water Utility will require the customer to deposit the testing fee. This fee shall be $15.00 for meters 3/4 inch and smaller, and for meters larger than 3/4 inch shall be an estimate of the cost of testing the meter as determined by the Public Works Director. The deposit will be returned to the customer if the test reveals the meter to overregister more than 2 percent under the standard test conditions, the deposit shall be retained by the Water Utility. Customers may at their option witness any meter tests which they request.

   3. Adjustment of bills for meter error:

      1. No credits or debits will be borne by the City or the customer should the test meter show a variance of no more than plus or minus two percent.

      2. Nonregister meters: The Water Utility will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions.

Section 14. (Discontinuance of Service)

1. 1. On customer request: Each homeowner about to vacate any premises supplied with water service by the Water Utility shall give the Water Utility written notice of his intentions at least seven days prior thereto.

   2. Fraud or abuse: The Water Utility will refuse service or discontinue service to any premises where it is deemed necessary to protect the Water Utility from fraud or abuse. Discontinuance of service and removal of meter for one or both of the causes will be made immediately upon receipt of knowledge by the water utility that the condition or conditions exists.

   3. Unauthorized turn-on: Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed.

   4. Noncompliance with regulations: The Water Utility may, upon five days' notice, discontinue service and remove meter to a customer's premises for failure to comply with any of the provisions of these regulations.

Section 15. (Restoration of Service)

1. Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges in accordance with the City’s Fee Ordinance.

2. Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse or for noncompliance with any of the policies, rules, or regulations will only be made after the irregularity has been corrected and the Water Utility has been assured that the irregularity will not reoccur. The restoration charge shall be governed by the City’s Fee Ordinance. 

Section 16. (Unusual Demands)

1. 1. When an abnormally large quantity of water is desired for filling a swimming pool, log pond or for other purposes, arrangements must be made with the Water Utility prior to taking such water. 

   2. Permission to take water in unusual quantities will be given only if the Water Utility facilities and other consumers are not inconvenienced.

Section 17. (Access to Premises)

All duly appointed employees of the Public Works Department, under the direction of the Public Works Director shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purposes of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The Public Works Department does not, however, assume the duty of inspecting the customer's line, plumbing and equipment and shall not be responsible therefore.

Section 18. (Private Water Sales)

No party other than the City shall sell water within the City limits.

Section 19. (Use of Public Rights of Way for Private Purposes)

No private party shall traverse any public right of way with a private water line.

Section 20. (Responsibility for Equipment)

1. Responsibility for customer equipment:

   1. The Water Utility shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer's line plumbing or equipment, nor shall the Water Utility be liable for damage resulting from an interruption of service. Temporary shutdowns may be resorted to by the Utility for improvements and repairs. Whenever possible, and as time permits, all customers affected will be notified prior to such shutdowns. The Water Utility shall not be liable for interruption, insufficiency of supply, low pressure, regular pressure below 80 PSI at the meter or for any loss or damaged occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control.

   2. The customer shall be responsible for valves on his promises being turned off when the water service is turned on and for installing a pressure relief valve to protect his property.

2. Responsibility for Water Utility equipment: Water Utility equipment on the customer's premises remains the property of the Utility and may be required, replaced or removed by the Public Works Department employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace or remove Water Utility equipment on his premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance.

3. Damage to Water Utility equipment: The customer shall be liable for any damage to equipment owned by the Water Utility which is caused by an act of the customer, his tenants, agents, employees, contractors, licenses or permitees. Damage to equipment shall include but not be limited to breaking of seals and locks, tampering with meters, injury to meters including but not limited to damages by hot water or stream, and damaged meter boxes, curb stops, meter stops and other appurtenances.

Section 21. (Fire Hydants)

1. Operation: No person or persons other than those designated an authorized by the Public Works Department shall open a fire hydrant belonging to the Water Utility, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and received water through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.

2. Moving a fire hydrant: When a fire hydrant has been installed in the locations specified by the proper authority, the Water Utility has fulfilled its obligation. If a property owner or other party desires to change the size, type or location of the hydrant, he shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the Public Works Department.

Section 22. (Operating Valves Without Authority)

It shall be unlawful for any person without authority of the Public Works Department to remove, open, close, injure or in any way tamper with any meter, shut-off, water line, valve or other appurtenance which is a part of the municipal water system.

Section 23. (Penalties)

Any person violating any of the provisions of these rules and regulations, shall upon conviction thereof, be punished by a fine not exceeding $500.00.

Section 24. (Suspension of Rules)

No employee of the Public Works Department is authorized to suspend or alter any of the policies, rules and regulations cited herein without specific approval or direction of the City Council, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy.

Section 25. (Easement)

Each applicant and user gives and grants to the City of Sodaville an easement and right-of-way on and across his property for the installation of water mains and the necessary valves and equipment in connection therewith.

Section 26. (Prior Ordinances)

The provisions of any prior ordinance of the City of Sodaville that may be in conflict with any of the rules, regulations or provisions herein contained are hereby repealed and superceded. Ordinance No. 80-11 is hereby repealed.

Section 27. (Constitutionality, Saving Clause)

In [sic] any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged and invalid by a court of competent jurisdiction, such judgment shall not affect [sic], impair or invalidate the remainder of this ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which the judgment is rendered.

Passed by the Council this 10 day of December, 1982.

*Amended by Ordinance 22-02, effective 7-16-2022.