Item B: Downtown Public Safety Issues

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of: 1. The person’s notice of exclusion; or 2. The denial, revocation or amendment of the person’s variance; or (f) Travel through the downtown public safety zone on a Lane Transit District vehicle. Travel on a Lane Transit District vehicle includes reasonable time spent waiting to transfer to another Lane Transit District vehicle. (4) While in the downtown public safety zone, a person who is otherwise excluded but enters the zone pursuant to subsections (3)(a) - (f) of this section may only travel directly to and from the purposes enumerated in subsections (3)(a) - (f) of this section. (5) If an excluded person is in the downtown public safety zone in violation of the exclusion during the exclusion period, that person is subject to immediate arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code. 4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure . (1) Upon receipt of a copy of the conviction for an offense enumerated in subsection (1) of section 4.874 of this code and based on information in a police report or an affidavit from a witness that the conduct supporting the conviction occurred in the downtown public safety zone, the municipal court may enter an order excluding the convicted person from the downtown public safety zone for one (1) year from the date of conviction. The person shall be informed of the exclusion order by first- class mail sent to the persons last-known address. The excluded = person may request a hearing on the exclusion. The only issues at such hearing shall be whether the person was convicted of an offense enumerated in subsection (1) of section 4.874 of this code and whether the conduct supporting the conviction occurred in the downtown public safety zone. A certified copy of the conviction shall be conclusive evidence of the conviction. (2) A person subject to an exclusion order under subsection this section may apply for a variance pursuant to section 4.878 of this code. 4.877 Downtown Public Safety Zone - Variances . Variances shall be granted, denied or revoked in accordance with section 4.878 of this code. All variances shall be in writing; shall be valid for a specific period of time and shall only accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow travel to and from locations within the downtown public safety zone according to the terms of the variance. In order for the variance to be effective, the excluded person Ordinance - Page 3 of 7 VERSION B 08 Downtown PSZ Ord - Excl. - Version B (00198796) 5/28/08