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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 /> C. It shall be no defense to a prosecution for a violation of this section that the person <br /> acted, or was believed by the defendant to act, as agent or representative of another. <br /> D. Nothing in subsection A of this section prohibits legal distribution of injection syringe <br /> equipment through public health and community-based HIV prevention programs, and <br /> pharmacies. <br /> Section 5: Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or <br /> its application to any person or situation be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the remaining portions of this <br /> ordinance or its application to any other person or situation. The City Council of the City <br /> of Everett hereby declares that it would have adopted this ordinance and each section, <br /> subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one <br /> or more sections, subsections, clauses, phrases or portions be declared invalid or <br /> unconstitutional. <br /> Section 6: Third Party Liability <br /> It is expressly the purpose of this ordinance to provide for and promote the health, safety <br /> and welfare of the general public and not to create or otherwise establish or designate any <br /> particular class or group of persons who will or should be especially protected or <br /> benefited by the terms of this ordinance. <br /> It is the specific intent of this ordinance that no provisions nor any term used in this <br /> ordinance is intended to impose any duty whatsoever upon the City or any of its officers <br /> or employees, for whom the implementation and enforcement of this ordinance shall be <br /> discretionary and not mandatory. <br /> Nothing contained in this ordinance is intended nor shall be construed to create or form <br /> the basis of any liability on the part of the City, or its officers, employees or agents, for <br /> 5 <br />