Village of Sloan, NY Construction

In the event of any attack upon the validity of this chapter or any section or portion of a section in which the chapter in whole or part shall be claimed to be void, unconstitutional, unreasonable or discriminatory, and the court before whom such proceeding shall be brought shall, either permanently or during the pendency of the proceeding, restrain the enforcement of this chapter as to any article or section or part thereof, all articles, sections or parts of sections not under attack or not claimed to be void shall remain in force and shall be enforced, except such as shall be under attack and which the court shall specifically designate in an order enjoining or restraining enforcement.

Shall, upon any attack made upon this chapter, the claim be asserted that the amount of any annual license fee is excessive and shall the court before whom the proceeding be brought restrain, either permanently or temporarily, the enforcement for the reason of the claim that an excessive fee is charged herein, the provisions hereof requiring the obtaining of a license, the requirements for the issuing of a license and the regulatory provisions hereof shall remain effective, and a license shall be granted to any class of dealer in secondhand articles under the provisions and upon the payment of the annual fee set forth in § 280-5A, Article II, of this chapter, provided that the application shall meet all other requirements, the enforcement of which was not enjoined or restrained.