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Section 6: Title 46 of the Everett Municipal Code is amended by the addition of the <br /> following section: <br /> Violation —Penalty. <br /> A. Any person violating the provisions of this Chapter shall be deemed to have <br /> committed a traffic infraction. <br /> B. In lieu of the penalty described above, any Everett Police Officer may utilize the <br /> following penalty provision for a person under 16 years of age found operating a <br /> motorized foot scooter or other wheeled recreational device on city property: <br /> 1. The officer may take custody of the device. If the officer does not impound <br /> the device,he or she may release it only to an adult. <br /> 2. The officer must provide the violator with a written notice setting forth the <br /> procedure for reclaiming the device. <br /> 3. The procedure for reclaiming the device shall be promulgated by the Chief of <br /> Police. <br /> 4. Only the parent or legal guardian of a violator or an adult owner can reclaim a <br /> motorized foot scooter or other wheeled recreational device impounded <br /> pursuant to this section. <br /> 5. A $50.00 fee for costs of impound and administrative processing shall be paid <br /> to the City Clerk prior to the release of any property impounded under this <br /> alternative penalty. <br /> 6. Any unclaimed devices may be disposed of in accordance with state law. <br /> C. The parent of any child and the guardian of any ward shall not authorize or knowingly <br /> permit any such child or ward to violate any provision of this Chapter. <br /> Section 7: General duty. <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. It is the specific intent of this ordinance that no <br /> provision nor any term used in this ordinance is intended to impose any duty whatsoever <br /> upon the city or any of its officers or employees. Nothing contained in this ordinance is <br /> intended nor shall be construed to create or form the basis of any liability on the part of <br /> the city, or its officers, employees or agents, for any injury or damage resulting from any <br /> action or inaction on the part of the city related in any manner to the enforcement of this <br /> ordinance by its officers, employees or agents. <br /> Section 8: Savings. <br /> The enactment of this ordinance shall not affect any case, proceeding, appeal or other <br /> matter currently pending in any court or before the City or in any way modify any <br /> obligation, right or liability, civil or criminal, which may exist by virtue of any of the <br /> ordinances herein amended. <br /> Section 9: Severability. <br /> If any section, subsection, sentence, clause, phrase or word of this ordinance should be <br /> held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity <br /> 4 <br />