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• <br /> 4. dog is outside of the dwelling of the owner, or outside of the proper enclosure and <br /> not under physical restraint of the responsible person. <br /> In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with EMC <br /> 6.08.050. <br /> B. If a dangerous dog of an owner with a prior conviction under this chapter or Chapter <br /> 16.08 RCW attacks or bites a person or another domestic animal, the dog's owner is guilty of a <br /> class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog <br /> shall be immediately confiscated by an animal control authority, placed in quarantine for the <br /> proper length of time, and thereafter destroyed in an expeditious and humane manner. <br /> C. The owner of any dog that aggressively attacks and causes severe injury or death of any <br /> human, whether the dog has previously been declared potentially dangerous or dangerous, shall be <br /> guilty of a class C felony punishable in accordance with RCW 9A.20.021. In addition, the dog <br /> shall be immediately confiscated by an animal control authority, placed in quarantine for the <br /> proper length of time, and thereafter destroyed in an expeditious and humane manner. <br /> Section 10: 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 11: 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 /> damage resulting from any action or inaction on the part of the City related in any manner to the <br /> enforcement of this ordinance by its officers, employees or agents. <br /> 8 <br />