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4 <br /> (3) It shall be a defense to the crime of stalking that the defendant is a <br /> licensed private detective acting within the capacity of his or her license <br /> as provided by chapter 18.165 RCW. <br /> (4) Attempts to contact or follow the person after being given actual <br /> notice that the person does not want to be contacted or followed <br /> constitutes prima facie evidence that the stalker intends to intimidate or <br /> harass the person. <br /> (5) A person who stalks another person is guilty of a gross misdemeanor <br /> except that the person is guilty of a class C felony if any of the following <br /> applies: (a) The stalker has previously been convicted in this state or any <br /> other state of any crime of harassment, as defined in RCW 9A.46.060, of <br /> the same victim or members of the victim's family or household or any <br /> person specifically named in a no-contact order or no-harassment order; <br /> (b) the person violates a court order issued pursuant to RCW 9A.46.040 <br /> protecting the person being stalked; or (c) the stalker has previously been <br /> convicted of a gross misdemeanor or felony stalking offense under this <br /> section for stalking another person. <br /> Section 2: 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 <br /> unconstitutional or invalid for any reason, such decision shall not affect the <br /> validity of the remaining portions of this Ordinance or its application to any other <br /> person or situation. The City Council of the City of Everett hereby declares that it <br /> would have adopted this Ordinance and each section, subsection, sentence, <br /> clause, phrase or portion thereof irrespective of the fact that any one or more <br /> sections, subsections, sentences clauses, phrases or portions be declared <br /> invalid or unconstitutional. <br /> Section 3: THIRD PARTY LIABILITY. <br /> It is expressly the purpose of this Ordinance to provide for and promote the <br /> health safety and welfare of the general public and not to create or otherwise <br /> establish or designate any particular class or group of persons who will or <br /> should be especially protected or benefited by the terms of this Ordinance. <br /> It is the specific intent of this Ordinance that no provisions nor any term used in <br /> this Ordinance is intended to impose any duty whatsoever upon the City or any <br /> of its officers or employees, for whom the implementation and enforcement of <br /> this Ordinance shall be discretionary and not mandatory. <br /> 2 <br />