The following words, as used in this chapter, shall have the meaning ascribed to them in this section:

(a)   Consideration - is money or money’s worth.

(b)   Crimes involving moral turpitude - includes charges of prostitution, patronizing a prostitute, promoting prostitution, indecent exposure, lewd and lascivious behavior, sodomy, promoting sodomy for hire, patronizing a person offering sodomy for hire, sexual battery, loitering for the purposes of solicitation, indecent liberties with a child, incest, adultery, bigamy, promoting obscenity, promoting obscenity to minors, displaying material harmful to minors, and possession, sale or distribution of any illegal drug.

(c)   Employee - means any and all persons including independent contractors who work in, at, or render any services to, the patrons of an escort service, or who render any services directly related to the operation of an escort service.

(d)   Escort - is any person who is held out to the public as available for hire and who, for monetary consideration in the form of a fee, commission or salary, consorts with or accompanies, or who offers for monetary consideration, to consort with or accompany another or others to or about social affairs, places of entertainment or amusement within any place of public resort or within any private quarters.

(e)   Escort service - is any person, as defined herein, which for a fee, commission, profit, reward, payment or other monetary consideration furnishes, refers, or offers to furnish or refer escorts, provides or offers to introduce patrons to escorts, or arranges for escorts to accompany patrons to or about social affairs, places of entertainment or amusement, about any place of public resort or within any private quarters.

(f)   Escort service runner - is any person, not an escort, who for a salary, fee, hire, reward or profit, as the agent for either an escort service or a patron, contacts or meets with escort patrons or escort services at any location other than the established open office, as defined hereunder, whether that person is employed by the escort service or any business, or is self-employed.

(g)   Licensee - is a person who is the holder of a valid license under this chapter. A licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensee is or would be prohibited from doing or performing an act or acts under this title.

(h)   Offer to provide acts of sexual conduct - is to offer, propose or solicit to provide sexual conduct to a patron. Such definitions include all conversations, advertisements and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.

(i)    Open office - is an office at the licensed escort service address from which escort business is transacted. To qualify as an open office it is required that:

(1)   Business hours be established and posted, that the office be open to the public and patrons or prospective patrons during such business hours, and that the office be accessible to business invitees, license officials and law enforcement officers through a security system during all other hours that escorts are working;

(2)   The office be managed by the owner or management employee of the owner having authority to bind the service to escort and patron contracts, and adjust patron and consumer complaints;

(3)   All telephone lines and numbers listed to the escort service or advertised as escort service numbers terminate at the open office and at no other location;

(4)   An index of all employees and escorts be kept in the open office, along with copies of the licenses of those employed to work as escorts or escort service runners, and said index shall be open to inspection at the request of any law enforcement officer who is on official duty;

(5)   All business records be kept in the open office, including records of escort calls and referrals, stating the name and driver’s license number (or other form of picture identification) of the patron, as well as the state of issuance of the driver’s license (or other picture identification). Such records shall also include the date and time of referral, name of the escort who accompanied the patron, whether the referral resulted in a contract, and the total fee received from the patron, if any. The business records described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection pursuant to said officer’s lawful duties as a law enforcement officer. The refusal of a licensee to allow such an inspection shall not be a criminal violation of the ordinance codified in this chapter nor shall it be considered grounds for suspending, revoking or otherwise taking punitive measures or action against the licensee or the escort service’s license. However, in the event of such a refusal, such an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-2501, and amendments thereto;

(6)   All of the business records required to be kept and maintained by an escort service licensed under the ordinance codified in this chapter shall be retained by the escort service for a minimum period of one year, and shall be subject to verification on a quarterly basis by the Director of Public safety or his/her duly authorized representative upon request. This quarterly examination of the records shall be permitted solely for the purpose of verifying that such records are being kept, and shall not be for the purpose of gathering information. Refusal by the licensee to allow examination of such records for the sole purpose of verifying that the licensee is in compliance with the record keeping requirements of the ordinance codified in this chapter shall not be deemed to be a criminal violation, however, if the refusal is unreasonable it may result in revocation or suspension of the escort service*s license.

(j)    Operator - is any person operating, maintaining or conducting the business of an escort service.

(k)   Patron - is a customer or any person who contracts with an escort service for the purpose of hiring an escort, or for monetary consideration contracts with, or hires an escort.

(l)    Person - is any individual, firm, corporation, partnership, limited partnership, joint venture or association of any kind.

(m)  Service-oriented escort - is an escort who:

(1)   Operates from an open office;

(2)   Does not employ or use an escort service runner;

(3)   Does not advertise that sexual conduct will be provided, or work for an escort service which so advertises; and

(4)   Does not offer, solicit, agree to provide or provide sexual conduct.

(n)   Service-oriented escort service - is an escort service which:

(1)   Maintains an open office at an established place of business;

(2)   Does not use an escort service runner;

(3)   Does not advertise, order, solicit, agree to provide or provide sexual conduct to a patron; and

(4)   Employs or provides only escorts who are licensed pursuant to this chapter.

(o)   Sexual conduct - means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, anal copulation, or the touching of the sexual organs, pubic region, buttocks or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

(p)   Sexual gratification - is sexual conduct as defined in subsection (o) above.

(q)   Sexual stimulation - is to excite or arouse the prurient interest of another, or to offer or solicit acts of sexual conduct as defined in subsection (o) above.

(r)    Sexually oriented acts - are sexual conduct as defined in subsection (o) above.

(s)   Sexually oriented escort - is an escort who:

(1)   Employs as an employee, agent or independent contractor, an escort service runner;

(2)   Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort service;

(3)   Advertises that sexual conduct will be provided, or as an agent, employee or independent contractor, works for or is referred to a patron by an escort service which so advertises;

(4)   Solicits, offers, agrees to provide or does provide acts of sexual conduct to an escort patron;

(5)   Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort service.

(t)    Sexually oriented escort service - is an escort service which:

(1)   Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided;

(2)   Uses as escorts persons known to have violated the laws regarding felonies or crimes of moral turpitude as defined herein;

(3)   Does not maintain an open office;

(4)   Employs as an employee, agent or independent contractor, or uses an escort service runner;

(5)   Advertises that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred to introduced to a patron; or

(6)   Solicits, offers or agrees to provide or does provide acts of sexual conduct to a patron; or

(7)   Employs, contracts with, provides or refers escorts who do not possess escort licenses as required pursuant to this chapter;

(8)   Does not deliver contracts to every patron or customer; or

(9)   Employs, contracts with, refers, or provides to a patron a sexually oriented escort.

(Ord. 1718, Sec. 2; Code 2010)

It is unlawful within the city limits for any person, whether as principal, officer, agent, servant or employee to conduct, manage, operate, maintain or perform services as an escort service without having first obtained a license to do so as required by this chapter.

(Ord. 1718, Sec. 2; Code 2010)

It is unlawful within the city limits for any person, whether as principal, officer, agent, servant or employee to conduct, manage, operate, maintain or perform services as a sexually oriented escort service regardless of license.

(Ord. 1718, Sec. 2; Code 2010)

(a)   The license required pursuant to this chapter shall be issued for one premises or one person. The address of the premises for which the license is requested and the name of the person who will be the licensee shall be clearly stated in all applications and renewal requests.

(b)   Licenses issued hereunder may not be transferred from one premises to another or from one person to another, and shall be renewable only if the renewal license is to be issued to the same person. Within thirty days after the sale or transfer of any interest in an escort service, any license heretofore issued shall be null and void. A new application shall be made by any person desiring to own or operate the escort service.

(c)   No escort service shall be operated under any name or conducted under any designation not specified in the license for that business.

(Ord. 1718, Sec. 2; Code 2010)

For every escort service there shall be an annual license fee established from time to time, by Resolution of the Governing Body of the City of Augusta, Kansas. This fee shall accompany all initial license applications and all renewal requests, and a license shall not be issued until the fee is paid in full.

(Ord. 1718, Sec. 2; Code 2010)

The term of a license issued pursuant to the provisions of this chapter is one year. Any escort service license which has not been suspended or revoked may be renewed for a period of one year on written application to the city clerk*s office. Such application shall be under oath on a form provided by the city clerk, and shall contain all the information required by Section 5-609, and any amendments thereto.

Application for a license renewal must be made not later than thirty days prior to the date of expiration of the license.

(Ord. 1718, Sec. 2; Code 2010)

The provisions of this chapter shall be applicable to all businesses participating in the activities described in this chapter, regardless of when established. All existing escort services at the time of the passage of the ordinance codified in this chapter must submit an application for a license within sixty days of the effective date of the ordinance codified in this chapter.

(Ord. 1718, Sec. 2; Code 2010)

The license issued pursuant to the requirements of this chapter shall be displayed in a conspicuous public place within the premises licensed as an escort service.

(Ord. 1718, Sec. 2; Code 2010)

(a)   Any person desiring to obtain a license to operate an escort service shall make written application in duplicate to the city clerk’s office. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the city clerk’s office.

(b)   The application shall be on a form provided by the city. All applicants shall provide the following information under oath:

(1)   The full true name and any other aliases used by the applicant;

(2)   The present address and telephone number of the residence and business of the applicant;

(3)   The proposed address and name or names of the escort service for which a license is sought, and the hours that the escort service will be open to the public;

(4)   The name of the owner of the premises upon which the escort service is to be located;

(5)   Written proof that the applicant is at least eighteen years of age;

(6)   All prior criminal convictions excepting minor traffic offenses, and the date and locations of such convictions;

(7)   Two photographs of the applicant two inches by two inches in size, taken within thirty days immediately preceding the date of application. One photograph will be sent to the director of public safety and one photograph shall be affixed to the license;

(8)   Fingerprints of the applicant;

(9)   Information as to whether such individual or business has ever been refused any similar license or permit, or has had any similar license or permit issued to such individual or business in Augusta or elsewhere revoked or suspended, and the reason or reasons therefor; and

(10) A statement by the applicant that he or she is familiar with the provisions of this chapter and is complying and will comply with them.

(c)   If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, the names, residential addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. The corporation applicant shall designate one of its officers to act as its responsible managing officer. Such designated person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.

(d)   If the applicant is a partnership, the application shall set forth the names, residential addresses, and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of subsection (c) of this section pertaining to corporations shall apply. The partnership or limited partnership applicant shall designate one of its partners to act as its responsible managing partner. Such designated person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.

(Ord. 1718, Sec. 2; Code 2010)

To receive a license to operate an escort service, applicants must meet the following standards:

(a)   If the applicant is an individual:

(1)   The required fees must have been paid;

(2)   The application must conform in all respects to the provisions of this chapter;

(3)   The applicant must not have knowingly made a false or misleading statement of a material fact in the application;

(4)   The applicant must be at least eighteen years of age;

(5)   The applicant must not, within five years immediately preceding the date of the filing of the application, have been convicted of or pleaded nolo contendere in any jurisdiction to a felony, or any crime involving moral turpitude as defined in this chapter. The term “conviction” shall include being placed on diversion;

(6)   The applicant must not have had a similar type of license in any jurisdiction previously suspended or revoked for good cause within five years immediately preceding the date of the filing of the application;

(7)   The operation of the business as proposed, if permitted, must comply with all applicable building, fire, health and zoning laws;

(b)   If the applicant is a partnership, joint venture, corporation or any other type of organization where two or more persons have a financial interest:

(1)   All persons having a financial interest in the partnership, joint venture or any other type or organization shall be at least eighteen years of age. Financial interest in a corporation includes any officer or director of the corporation and any stockholder holding more than five percent of the stock of a corporation.

(2)   No person having a financial interest in the partnership, joint venture, corporation or other type of organization shall, in any jurisdiction, have been convicted of, pled nob contendere to, or participated in a diversion program, after having been charged with a felony or any crime involving moral turpitude within the immediate five years preceding the date of the application.

(Ord. 1718, Sec. 2; Code 2010)

If an application for a license is in proper form and accompanied by the license fee as provided for in Section 5-605, the city council shall, after review and recommendation by the city manager, examine the application. If the applicant is fully qualified pursuant to the guidelines set forth in this chapter, the city council shall issue a license to the applicant within thirty days from the date of the filing of the application. If the city council fails to act on the application within thirty days after it is filed, it shall be deemed granted. If the city council denies the application within thirty days of the filing of the application, the application is deemed finally denied and the same application may not be made within one year unless there are changed circumstances. If the council denies the application, the applicant may appeal the denial pursuant to the provisions of K.S.A. 60-2101(d), and amendments thereto, within thirty days of the denial. If an application is denied by the city council over thirty days after it is filed, the denial shall be of no effect except that this provision is not intended to limit the ability of the city council to revoke the license for any of the reasons in Section 5-612 of this code.

(Ord. 1718, Sec. 2; Code 2010)

(a)   Any license issued for the operation of an escort service pursuant to this chapter may be suspended or permanently revoked upon the following grounds:

(1)   The licensee has fraudulently obtained the license by giving false information in the application therefor, or has otherwise made a material misrepresentation of fact in the application;

(2)   The licensee has become ineligible to obtain a license under this chapter;

(3)   The licensee, any employee, agent, manager, operator or any other person connected or associated with the license as a partner, director, officer, or stockholder has offered or agreed to or rendered the service of a sexually oriented escort;

(4)   The licensee, employee, agent, manager, operator or any other person connected or associated with the license as a partner, director, officer or stockholder has otherwise violated any of the provisions of this chapter;

(5)   The nonpayment of any license fees payable hereunder;

(6)   The licensee has been convicted, subsequent to the issuance of any license of a crime which is either a felony or a crime involving moral turpitude as defined herein;

(7)   For employing a person who has been, within three years prior the date of employment, or who during the period of employment is adjudged guilty of a felony or a crime involving moral turpitude, as defined herein, or within three years prior to employment has been released from probation from a conviction of a felony or a crime involving moral turpitude as defined herein. It is further provided that the term “adjudged guilty” shall include being placed on diversion. It shall be an absolute defense to an alleged violation of this section that the escort employed by the escort service was a licensed escort under the ordinance codified in this chapter;

(8)   The licensee is a corporation and is not or is no longer qualified to transact business in the state of Kansas.(b)To revoke a license, the director of public safety, upon five days* written notice to the licensee, shall have the authority to suspend such license for a period not to exceed thirty days. The cause for such revocation shall be set forth in the notice, and the licensee may appeal such an order of suspension in writing to the city council within seven days from the date of such order.

(c)   The city council, upon five days written notice to the licensee, permanently revoke or cause to be suspended such license for any of the reasons enumerated in subsection (a) above. Provided, that if any of the grounds for revocation herein enumerated are violated by an employee, manager, operator or agent, then in the absence of proof of knowledge by the licensee, there shall be no revocation, but there may be a suspension of not more than thirty days; it being further provided that in the event any licensee is subjected to more than two such suspensions in any twelve-month period, his or her license may be revoked on the third such violation.

(d)   An appeal taken from an order of suspension or revocation shall not suspend the order of revocation or suspension during the pendency of such appeal. In case of the revocation of any license, no new license shall be issued to such licensee or to any person acting for or on his or her behalf for a period of three years.

(e)   For the purposes of subsections (b) and (c) above, written notice shall be deemed sufficient upon the mailing of the notice to the most recent address on the application of the licensee on file in the office of the city clerk.

(Ord. 1718, Sec. 2; Code 2010)

No license shall be granted for an escort service until the health code, building code, zoning ordinances, fire prevention and safety regulations of the city are fully complied with, and it is unlawful and a violation of this chapter to maintain or conduct an escort service without being in compliance, at all times, with all health code, building code, zoning ordinance, fire prevention and safety regulations of the city.

(Ord. 1718, Sec. 2; Code 2010)

(a)   The escort service shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount of money such services shall cost the patron, and any special terms or conditions relating to the services to be performed.

(b)   The escort service shall maintain an open office at the licensed location. The address of that office shall be included in all patron contracts and published advertisements. Private rooms or booths where the patron may meet with the escort shall not be provided at the open office or at any other location by the escort service.

(c)   The escort service, in terms of licensing consequences, is responsible and liable for the acts of all its employees and subcontractors including, but not limited to, telephone receptionists and escorts who are referred by that service while the escort is with the patron.

(d)   The escort service shall commence business from an open office within thirty days after issuance of the license. In the event an escort service licensee shall not commence business in an open office within thirty days after issuance of a license, or shall discontinue business or close the open office for a period of thirty days after issuance of a license, or shall discontinue business or close the open office for a period of thirty days, such license shall terminate and be revoked automatically without action by the director of public safety or city council.

(e)   Every owner, operator, responsible managing employee, manager, or anyone in control of an escort service shall maintain a daily register, approved as to form by the department of public safety, containing the following information:

(1)   The identification of all employees employed by such establishment, together with a copy of the escort license for those employees working as escorts;

(2)   The hours of employment of each employee for each day; and

(3)   The names of all patrons, including their true full names, driver’s license number and state of issuance (or some other form of picture identification), hours of employment of the escort service, name of the escort or other employees providing services to this particular patron, the location where escort services were rendered, and the fee charged for such services. The daily register described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection pursuant to said officer*s lawful duties as a law enforcement officer who is making said request for inspection pursuant to said officer*s lawful duties as a law enforcement officer. The refusal of a licensee to allow such an inspection shall not be a criminal violation of the ordinance codified in this chapter nor shall it be considered grounds for suspending, revoking or otherwise taking punitive measures or action against the licensee or the escort service*s license. However, in the event of such a refusal, an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-2501, and amendments thereto. The daily register described in this section shall be kept and maintained at the open office or licensed premises for a period of one year.

(f)   Any changes in information required to be submitted by this chapter must be given to the city clerk*s office in writing within ten days of any such change.

(Ord. 1718, Sec. 2; Code 2010)

(a)   It is unlawful for a licensee to provide escort services as described in this chapter to individuals under eighteen years of age unless written authorization by a parent or legal guardian is issued to the escort when acting as such.

(b)   It is unlawful within the city limits for an escort service to advertise or hold out to the public the availability of an escort or escort service without obtaining a license therefor as provided in this chapter. Whether the actual business of the escorts or the escort service is performed, the escort service license number must be prominently displayed in such advertisements.

(Ord. 1718, Sec. 2; Code 2010)

(a)   It is unlawful for any person within the city limits to:

(1)   Work perform services, or act as an escort or escort service runner as defined in this article without a license issued pursuant to the provisions of this article;

(2)   Work, perform services, or act as an escort or escort service runner unless employed by a licensed escort service;

(3)   Work, perform services, or act as a sexually oriented escort, or work as an escort service runner for a sexually oriented escort service, regardless of license.

(b)   Such person, when providing services or working as an escort or escort service runner, shall carry the license required by subsection (a)(1) of this section upon their person and display the license upon request of any law enforcement official. Failure to display such license upon demand is a violation of this article punishable as set forth in Section 5-621 of this Article.

(Ord. 1718, Sec. 2; Code 2010)

(a)   Any person desiring an escort or escort service runner*s license shall make written application in duplicate to the city clerk*s office on a form provided by the city. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the city clerk*s office and shall provide the following information under oath:

(1)   The full true name and any other aliases used by applicant;

(2)   The present residential address and telephone number of applicant;

(3)   Written proof that the applicant is at least eighteen years of age;

(4)   Two photographs, two inches by two inches in size, taken within the last thirty days immediately preceding the date of application. One photograph shall be sent to the chief of police and one photograph shall be affixed to the license;

(5)   All criminal convictions, except for minor traffic offenses, and the dates and places of such convictions;

(6)   Fingerprints of the applicant.

(b)   All persons working or providing services as escorts or escort service runners at the time of the passage of the ordinance codified in this chapter must submit an application for an escort or escort service runner*s license within thirty days of the date the same becomes effective.

(c)   Every escort or escort service runner*s license issued pursuant to this chapter will expire one year from the date of issuance and must be renewed before working or performing services as an escort or escort service runner in the following year. Application for renewal must be made to the city clerk no later than thirty days prior to the date of expiration for the escort or escort service runner*s license, and must be accompanied by the license fee provided in subsection (c) of this section.

(d)   A license to act as an escort or escort service runner does not authorize the operation of an escort service. Any person obtaining a license to act as an escort or escort service runner who desires to operate an escort service must separately apply for a permit therefor. A person who applies for a permit to operate an escort service and who desires to act as an escort or escort service runner within said business, who pays the fee required by Section 5-605 of this chapter, shall not be required to pay the fee required in this section.

(Ord. 1718, Sec. 2; Code 2010)

There shall be an annual fee established from time to time by Resolution of the Governing Body of the City of Augusta, Kansas for an escort or escort service runner’s license and such fee shall accompany each application submitted.

(Ord. 1718, Sec. 2; Code 2010)

(a)   A copy of each application for an escort or escort service runner’s license shall be forwarded to the director of public safety for investigation of the applicant, It shall be the duty of the director of public safety to investigate such applicant to determine whether he or she is qualified under the provisions of this chapter. The director of public safety shall report to the city clerk not later than ten working days after receipt of the application. The city clerk shall issue or deny the license to work or perform services as an escort or escort service runner based upon the results of the police investigation. Any applicant who has been denied the issuance of an escort or escort service runner*s license shall have a right of appeal to the city council, and then pursuant to the provisions of K.S.A. 60-2101(d), and any amendments thereto.

(b)   No license to work or perform services as an escort or an escort service runner shall be issued to:

(1)   Any person who has not attained eighteen years of age;

(2)   Any person who, within three years immediately preceding the date of making application, has been convicted or released from probation or parole for conviction of any crime involving moral turpitude, as defined in this chapter, and the term “conviction,” as used herein, includes being placed on diversion;

(3)   Any person who has knowingly made a false or misleading statement of a material fact or omission of a material fact in their application for an escort or escort service runner’s license.

(Ord. 1718, Sec. 2; Code 2010)

(a)   The director of public safety, upon five days written notice to the person holding an escort or escort service runner’s license, shall have the authority to suspend such license for a period not to exceed thirty days, for any of the following reasons:

(1)   False information or data was given, or material facts were omitted from the person’s application;

(2)   The fee required to be paid by this chapter is not paid;

(3)   The licensee becomes ineligible to obtain a license;

(4)   The licensee is adjudged to have violated the regulations of any of the provisions of this chapter;

(5)   Subsequent to obtaining an escort or escort service runner*s license, the licensee has been convicted in any jurisdiction of a crime involving moral turpitude, as defined in this chapter, and providing that the term “convicted” shall also include being placed on diversion.

(b)   The licensee may appeal such order of suspension to the city council within seven days from the date of such order.

(c)   The city council, upon five days* written notice to the person holding an escort or escort service runner*s license may permanently revoke or cause to be suspended for a period of not more than thirty days such license for any of the reasons enumerated in subsection (a) of this section.

(d)   Any appeal taken from an order of revocation or suspension shall not suspend the order during the pendency of any such appeal. In the case of the revocation of an escort or escort service runner*s license, no new license shall be issued to such person for a period of three years after the revocation becomes effective.

(e)   For the purposes of subsections (a) and (b) of this section, written notice shall be deemed sufficient upon the mailing of the notice to the most recent address on the application of the licensee on file in the office of the city clerk.

(Ord. 1718, Sec. 2; Code 2010)

Should any court declare any section, clause or provision of this chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other remaining section, clause or provision of this chapter.

(Ord. 1718, Sec. 2; Code 2010)