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• <br /> provisions or of a provision excluding the person from <br /> a residence of a misdemeanor. <br /> is hereby amended to read as follows: <br /> Violation of order for protection <br /> Whenever an order for protection is granted under RCW <br /> Chapter 26. 50 and the respondent or person to be <br /> restrained knows of the order, a violation of the <br /> restraint provisions or of a provision excluding the <br /> person from a residence is a misdemeanor. <br /> Any assault that is a violation of an order issued <br /> under RCW Chapter 26. 50 and that does not amount to <br /> assault in the first or second degree under RCW <br /> 9A. 36. 011 or 9A. 36. 021 is a class C felony, and any <br /> conduct in violation of a protective order issued under <br /> RCW 26 . 50 that is reckless and creates a substantial <br /> risk of death or serious injury to another person is a <br /> class C felony. <br /> SECTION 4 : Severability. <br /> Should any section, subsection, paragraph, sentence, clause or <br /> phrase of this ordinance or its application to any person or <br /> situation be declared unconstitutional or invalid for any reason, <br /> such decision shall not affect the validity of the remaining <br /> portions of this ordinance or its application to any other person <br /> or situation. The City Council of the City of Everett hereby <br /> declares that it would have adopted this ordinance and each <br /> section, subsection, sentence, clause, phrase or portion thereof <br /> irrespective of the fact that any one or more sections, <br /> subsections, clauses, phrases or portions be declared invalid or <br /> unconstitutional. <br /> SECTION 5: Third Party Liability. <br /> It is expressly the purpose of this ordinance to provide for and <br /> promote the health, safety and welfare of the general public and <br /> not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially <br /> protected or benefited by the terms of this ordinance. <br /> It is the specific intent of this ordinance that no provisions <br /> nor any term used in this ordinance is intended to impose any <br /> duty whatsoever upon the City or any of its officers or <br /> employees, for whom the implementation and enforcement of this <br /> ordinance shall be discretionary and not mandatory. <br /> 3 <br />