Ordinance 2946-06 - Laserfiche WebLink

C. As used in this Section, "restrict or deny access" means that a police officer has the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom, until the reason for such restriction or denial of access no longer exists. Such restriction may be designated by the officer verbally, or by physical designation such as barrier tape, or by some other visual means, so long as the restricted area is clearly indicated. D. A person commits the offense of Unlawfully Entering/Remaining in a Restricted Area when he or she enters or refuses to leave any area closed or restricted in access pursuant to Subsections A or B above. Unlawfully Entering/Remaining in a Restricted Area is a misdemeanor. E. Subsections A and B of this section shall not apply to or affect a person who has specific statutory authority or the permission of the on-scene ranking police officer to enter or remain within the restricted area. F. In accordance with the authority granted by the Section, and in consideration of the law enforcement and emergency services needs involved, provision shall be made for reasonable access to such areas by members of the media for the purpose of news gathering and reporting. Section 2: Section 1 of this ordinance shall be codified as a new section in Chapter 10.12 of the Everett Municipal Code. Section 3: General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. Section 4: Savings. The enactment of this ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the City or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended. Section 5: Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. 2