2016/04/20 Council Agenda Packet

The following Revised Code of Washington (RCW) section is adopted by reference in all respects as though such section was set forth herein in full, as currently enacted or as hereafter amended or recodified: Chapter 9A.28.040 RCW,entitled"Criminal conspiracy." Section 4. Ordinance No. 1145-85, as amended by Ordinance No. 2369-99,Section 1, is hereby amended by the addition of the following section which will be codified as EMC 10.10.040: Adoption of RCW sections not specifically set forth. All class C felony crimes set forth in the Revised Code of Washington (RCW) are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 10.10 EMC. Section 5. 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 6. General Duty 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. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by its officers, employees or agents. Section 7 Savings The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or in any way modify any right or liability, civil or criminal, which may be in existence on the effective date of this Ordinance. reciions 5