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3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, <br /> artistic, political or scientific value. For purposes of this Ordinance, an activity is dramatic if the <br /> activity is of, relating to, devoted to, or concerned specifically or professionally with current drama <br /> or the contemporary theater. <br /> Section 2. Ordinance No. 1145-84 is hereby amended by the addition of the following section, <br /> which shall by codified as EMC 10.24.025: <br /> Facilitating lewd conduct. <br /> A. The owner, lessee, lessor, manager, operator, or other person in charge of a public place is guilty <br /> of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed <br /> lewd conduct as prohibited in EMC 10.24.020. <br /> E. Facilitating lewd conduct is a gross misdemeanor. <br /> Section 3. Severability <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its <br /> application to any person or situation, be declared unconstitutional or invalid for any reason, such <br /> decision shall not affect the validity of the remaining portions of this Ordinance or its application to <br /> any other person or situation. The City Council of the City of Everett hereby declares that it would <br /> have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof <br /> irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be <br /> declared invalid or unconstitutional. <br /> Section 4. General Duty <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare <br /> of the general public and not to create or otherwise establish or designate any particular class or group <br /> of persons who will or should be especially protected or benefited by the terms of this Ordinance. It <br /> is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended <br /> to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained <br /> in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the <br /> part of 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 Ordinance <br /> by its officers, employees or agents. <br /> Section 5. Savings <br /> The enactment of this Ordinance shall not affect any case,proceeding,appeal or other matter currently <br /> pending in any court or in any way modify any right or liability, civil or criminal, which may be in <br /> existence on the effective date of this Ordinance. <br />