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b. Is currently enrolled as a student at the same <br />educational facility. <br />2. The court may grant an educational variance to an excluded <br />person if the excluded person certifies that the person will be <br />enrolled at an educational facility within the downtown public <br />safety zone if the variance is granted. <br />(2) <br /> Revocation of Variances. Variances may be revoked in accordance <br />with the following provisions: <br />(a) The grounds for revocation of any variance other than a <br />residential variance are as follows: <br />1. The applicant provided false information in order to obtain <br />the variance; <br />2. The person is arrested or cited for any of the offenses <br />enumerated in subsection (1) of section 4.874 of this code in <br />the downtown public safety zone subsequent to the issuance <br />of the variance; or <br />3. The circumstances giving rise to the issuance of the <br />variance no longer support a continuation of the variance. <br />(b) Residential Variance Exception. A residential variance may be <br />revoked only: <br />1. If the applicant provided false residential information in order <br />to obtain the variance; or <br />2. If the circumstances giving rise to the issuance of the <br />variance no longer support a continuation of the issuance of <br />the variance. <br />(3) Revocation Procedure. <br />(a) A peace officer who has probable cause to believe a person who <br />has been granted a variance has violated its terms or conditions <br />may issue to the person a notice to show cause that requires the <br />person to appear at municipal court at a specified date and time, <br />at which time the court will set a date and time for a show cause <br />hearing. <br />(b) If the person fails to appear at the time and date specified in the <br />notice, the court may revoke or modify the variance. If the person <br />does appear, the court shall set a time for a hearing, at which the <br />person shall have the opportunity to show cause why the variance <br />should not be revoked or modified. At the hearing, the city shall <br />have the burden to prove by a preponderance of the evidence that <br />the person violated the terms or conditions of the variance. If the <br />court finds that the city proved by a preponderance of the <br />evidence that the person violated the terms or conditions of the <br />variance, the court may revoke or modify the variance. <br /> <br />Ordinance - Page 7 of 8 VERSION A <br />08 Downtown PSZ Ord - Excl. - Version A (00198795) <br />5/28/08 <br /> <br /> <br /> <br />