Ordinance 3509-16 - Laserfiche WebLink

EMC is not subject to RCW 36.70C (the Land Use Petition Act), appeal shall be by writ of certiorari. C. A violation of Section 8 or of Section 9(B), 9(C), or 9(D) of this ordinance is a criminal misdemeanor punishable in accordance with EMC 10.04.080. D. Evidence in Criminal Proceedings. In any criminal prosecution under Section 8 or Section 9(B), 9(C), or 9(D) of this ordinance, evidence of sound level through the use of a sound-level meter reading shall not be necessary to establish the commission of the offense. Section 16. Repealer Sections 6(d) (EMC 20.08.120), 10(a) (EMC 20.08.160), 10(b) (EMC 20.08.170), 10 (c- d) (EMC 20.08.180), 10(e) (EMC 20.08.190), and 11 (EMC 20.08.200) of Ordinance No. 534-78, all as amended, are hereby repealed, including all ordinances in conflict herewith. Section 17. 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 18. 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.