[2016 Code]
All general ordinances of the city passed before the adoption
of this code are hereby repealed, except such as are included in this
code or are by necessary implication reserved from repeal, and excluding
the following ordinances which are not hereby repealed: tax levy ordinances;
appropriation ordinances; ordinances relating to boundaries and annexations;
contract ordinances and ordinances authorizing the execution of a
contract or the issuance of warrants; salary ordinances; ordinances
establishing, naming or vacating streets, alleys or other public places;
improvement ordinances; bond ordinances; ordinances relating to elections;
ordinances relating to the transfer or acceptance of real estate by
or from the city; and all special ordinances.
[2016 Code]
No code relating to railroads or railroad crossings with streets
and other public ways, or relating to the conduct, duties, service
or rates of public utilities shall be repealed by virtue of the adoption
of this code or by virtue of the preceding section, excepting as this
code may contain provisions for such matters, in which case this code
shall be considered as amending such code or codes in respect to such
provisions only.
[2016 Code]
(A)Â
Prior acts. No new ordinance shall be construed to repeal a former
ordinance, whether such former ordinance is expressly repealed or
not, as to any offense committed against such former ordinance or
as to any act done, any penalty, forfeiture or punishment so incurred,
or any right accrued or claim arising under the former ordinance,
or in any way whatever to affect any such offense or act so committed
or so done, or any penalty, forfeiture or punishment so incurred or
any right accrued or claim arising before the new ordinance takes
effect, save only that the proceedings shall conform to the ordinance
in force at the time of such proceeding, so far as practicable. If
any penalty, forfeiture or punishment may be mitigated by any provision
of a new ordinance, such provision may be, by consent of the party
affected, applied to any judgment announced after the new ordinance
takes effect.
(B)Â
Extend to all repeals. This section shall extend to all repeals,
either by express words or implication, whether the repeal is in the
ordinance making any new provisions upon the same subject or in any
other ordinance.
(C)Â
Pending actions. Nothing contained in this chapter shall be construed
as abating any action pending under or by virtue of any general ordinance
of the city adopted before this code, and the provisions of all general
ordinances contained in this code shall be continuing provisions and
not a new enactment of the same provisions; nor shall adoption of
this chapter discontinue, abate, modify or alter any penalty accrued
or to accrue, or affect the liability of any person, or waive any
right of the city under any provision thereof in force when this code
is adopted.
[1977 Code; 2016 Code]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this code, is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portions of this code, or any part hereof. The council hereby
declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional, invalid
or ineffective.
