2884                            County Local Laws

proving authority revoking or suspending a permit or license may be
appealed to the County Board of Appeals within ten days of the
decision.

105-15. Penalties.

Any person violating any provision of this Chapter shall, upon
conviction thereof, be fined not more than $1,000 or be imprisoned for
not more than six months, or be both so fined and imprisoned. Any
such swimming pool installed, operated or maintained in violation of
the provisions of this Chapter shall constitute a nuisance and the
approving authority may, in addition to the penalties hereinbefore
set forth, maintain any proper action for the abatement of such
nuisance. Each day a violation of the provisions of this Chapter
continues to exist shall constitute a separate offense. In addition
thereto, the County may institute an injunction, mandamus or any
other appropriate action or proceedings at law or equity for the
enforcement of this Chapter, or to correct violations of this Chapter,
and any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions or mandamus
or other appropriate forms of remedy or relief.

SEC. 2. Chapter 105A, title "Swimming Pools—Lifeguards," of
the Montgomery County Code 1965, as amended, is hereby repealed
in its entirety.

SEC. 3. Severability.

The provisions of this Act are severable and if any provision,
sentence, clause, section or part thereof is held illegal, invalid or
unconstitutional or inapplicable to any person or circumstances, such
illegality, invalidity or unconstitutionality or inapplicability shall not
affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of the Act or their application to other persons or
circumstances. It is hereby declared to be the legislative intent that
this Act would have been adopted if such illegal, invalid or unconstitu-
tional provision, sentence, clause, section or part had not been included
therein and if the person or circumstances to which the Act or any
part thereof is inapplicable had been specifically exempted therefrom.

Sec. 4. The Council hereby declares an emergency to exist. This
Act is necessary for the immediate protection of the public health
and safety.

Sec. 5. Effective date.

The emergency legislation shall take effect immediately upon
approval of the County Executive.

Effective: March 10, 1971