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SECTION 4. Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5. Penaltv Provision. Any person, firm, corporation or business entity violating this, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6. Effective Date. This Ordinance shall become effective August 25, 2008 upon adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on the 8`i' day of April, 2008. John Mondy, Mayor ATTEST: Carole Erhlich, City Secretary Date of publication in The Wvlie News - April 16 2008 Ordinance No. 2008-19 Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 4 508687.v3 . 00014!