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Issuance of a Certificate of Registration is not intended to, nor will it, create a duty or obligation, either expressed or implied, of response. Nor will issuance of a Certificate of Registration guarantee the safety of an emergency response plan. Any and all liability and consequential damage resulting from the failure to respond to a Biological Agent Detector or the implementation of an emergency response plan is hereby disclaimed and governmental immunity as provided by law is retained. By applying for a Certificate of Registration, the applicant acknowledges that the Director, law enforcement, or any other City director response may be influenced by factors such as the availability of Personnel, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
In undertaking the adoption and enforcement of this Article, the City and County is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a Person to sue for money damages for an injury that the Person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Article.
Nothing in this Article shall be interpreted or applied so as to create any power, duty or obligation in conflict with, or preempted by, any Federal or State law.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Article or any part there of is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.