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implement adapted, designed, or commonly used for the commission of burglary, or other <br /> crime, including but not limited to theft of a motor vehicle, under circumstances evincing <br /> an intent to use or employ, or allow the same to be used or employed in the commission <br /> of a crime, or knowing that the same is intended to be so used, shall be guilty of making <br /> or having tools commonly used for the commission of burglary or other crime. <br /> B. Making or having tools commonly used for the commission of burglary or other crime <br /> is a gross misdemeanor. <br /> Section 2: 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 3: 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 /> any injury or damage resulting from any action or inaction on the part of the City related <br /> in any manner to the enforcement of this ordinance by its officers, employees or agents. <br /> Section 4: Savings. <br /> The enactments of this ordinance shall not affect any case,proceeding, appeal or other <br /> 2 <br />