Ordinance 2418-99 - Laserfiche WebLink

P A. A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree, as provided in Title 9A RCW: 1. At a person, not described in section 3(1) (a) through (f) of Chapter 180, Laws of 1999, who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or 2. At a person described in section 3(1) (b) through (f) of Chapter 180, Laws of 1999, causing a substantial risk of an impairment or interruption as described in section 3(1) (b)through(f) of Chapter 180, Laws of 1999; or 3. At a person in order to intimidate or threaten that person. B. Except as provided in section 4 of this ordinance, unlawful discharge of a laser in the second degree is a gross misdemeanor. Section 4: A new section is added to the Everett Municipal Code Title 10, to read as follows: Unlawful discharge of a laser in the first degree or second degree is a civil infraction if committed by a juvenile who has not before committed either offense. The monetary penalty imposed upon a juvenile may not exceed one hundred dollars. Section 5: A new section is added to the Everett Municipal Code Title 10,to read as follows: This chapter does not apply to the conduct of a laser development activity by or on behalf of the United States armed forces. Section 6: Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. Section 7: Third Party Liability It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. 2