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1. That the underlying exclusion issued pursuant to this chapter is on appeal when the <br /> excluded person is apprehended, charged, or tried under this section; nor <br /> 2. That the excluded person entered or remained in the park pursuant to a permit that <br /> was issued in the name of another person either before or after the date of the <br /> Exclusion Notice. <br /> Section 30: Repealer. <br /> Section 18 of Ordinance No. 3471, Automobile Testing, (EMC 9.06.170) is hereby repealed. <br /> Section 31: 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, <br /> phrases or portions be declared invalid or unconstitutional. <br /> Section 32: 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. It is the specific intent of this ordinance that no provisions nor any term used in <br /> this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or <br /> employees, for whom the implementation and enforcement of this ordinance shall be <br /> discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be <br /> construed to create or form the basis of any liability on the part of the City, or its officers, <br /> employees or agents, for any injury or damage resulting from any action or inaction on the part <br /> of the City related in any manner to the enforcement of this ordinance by its officers, employees <br /> or agents. <br /> 17 <br />