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4. Smoking and carburetion masks; <br /> 5. Roach clips: Meaning objects used to hold burning material, such as a marihuana cigarette, <br /> that has become too small or too short to be held in the hand; <br /> 6. Miniature cocaine spoons and cocaine vials; <br /> 7. Chamber pipes; <br /> 8. Carburetor pipes; <br /> 9. Electric pipes; <br /> 10. Air-driven pipes; <br /> 11. Chillums; <br /> 12. Bongs; and <br /> 13. Ice pipes or chillers. <br /> B. It shall be no defense to a prosecution for a violation of this section that the person acted, <br /> or was believed by the defendant to act, as agent or representative of another. <br /> C. Nothing in subsection (A) of this section prohibits legal distribution of injection syringe <br /> equipment through public health and community based HIV prevention programs. <br /> Section 2: Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its <br /> application to any person or situation be declared unconstitutional or invalid for any reason, such <br /> decision shall not affect the validity of the remaining portions of this ordinance or its application <br /> to any other person or situation. The City Council of the City of Everett hereby declares that it <br /> would have adopted this ordinance and each section, subsection, sentence, clause, phrase or <br /> portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases <br /> or portions be declared invalid or unconstitutional. <br /> Section 3: Third Party Liability <br /> It is expressly the purpose of this ordinance to provide for and promote the health, safety and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this ordinance. <br /> It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is <br /> intended to impose any duty whatsoever upon the City or any of its officers or employees, for <br /> whom the implementation and enforcement of this ordinance shall be discretionary and not <br /> mandatory. <br /> Nothing contained in this ordinance is intended nor shall be construed to create or form the basis <br /> of any liability on the part of the City, or its officers, employees or agents, for any injury or <br /> 2 <br />