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1 ,1 <br /> A. It shall be unlawful to violate or be in conflict with this ordinance. Each day, <br /> defined as the twenty-four-hour period beginning at 12:01 a.m., in which violation <br /> of this ordinance occurs, shall constitute a separate violation. <br /> B. Any person, firm, corporation, or association or any agent thereof who violates <br /> any of the provisions of this chapter shall be subject to the provisions of chapter <br /> 1.20 EMC. In the event an appeal of an order issued pursuant to chapter 1.20 <br /> EMC is not subject to RCW 36.70C (the Land Use Petition Act), appeal shall be <br /> by writ of certiorari. <br /> C. A violation of Section 8 or of Section 9(B), 9(C), or 9(D) of this ordinance is a <br /> criminal misdemeanor punishable in accordance with EMC 10.04.080. <br /> D. Evidence in Criminal Proceedings. In any criminal prosecution under Section 8 <br /> or Section 9(B), 9(C), or 9(D) of this ordinance, evidence of sound level through <br /> the use of a sound-level meter reading shall not be necessary to establish the <br /> commission of the offense. <br /> Section 16. Repealer <br /> Sections 6(d) (EMC 20.08.120), 10(a) (EMC 20.08.160), 10(b) (EMC 20.08.170), 10 (c- <br /> d) (EMC 20.08.180), 10(e) (EMC 20.08.190), and 11 (EMC 20.08.200) of Ordinance No. <br /> 534-78, all as amended, are hereby repealed, including all ordinances in conflict <br /> herewith. <br /> Section 17. Severability <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this <br /> Ordinance or its application to any person or situation, be declared unconstitutional or <br /> invalid for any reason, such decision shall not affect the validity of the remaining <br /> portions of this Ordinance or its application to any other person or situation. The City <br /> Council of the City of Everett hereby declares that it would have adopted this Ordinance <br /> and each section, subsection, sentence, clause, phrase or portion thereof irrespective of <br /> the fact that any one or more sections, subsections, clauses, phrases or portions be <br /> declared invalid or unconstitutional. <br /> Section 18. General Duty <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, <br /> safety and welfare of the general public and not to create or otherwise establish or <br /> designate any particular class or group of persons who will or should be especially <br /> protected or benefited by the terms of this Ordinance. It is the specific intent of this <br /> Ordinance that no provision or any term used in this Ordinance is intended to impose <br /> 139 <br />