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must carry the variance on his or her person while in the downtown public <br />safety zone and must present the variance to a police officer upon request. <br />In the event a person who has been granted a variance is found in the <br />downtown public safety zone in violation of the terms of the variance, that <br />person is subject to immediate arrest for violation of downtown public safety <br />zone restrictions pursuant to section 4.879 of this code. <br /> <br />4.878 Downtown Public Safety Zone - Variances - Application/Revocation <br />Procedure <br />. <br />(1) <br /> At any time after an order of exclusion is entered against a person, the <br />person may apply in writing to the municipal court for a variance from <br />the exclusion. The application shall be made on forms provided by the <br />court. A variance granted under this subsection allows travel in the <br />downtown public safety zone only according to the terms specified in <br />the variance. <br />(a) General Variance. The municipal court may for any reason grant a <br />variance from an exclusion at any time during an exclusion period. <br />(b) Residential Variance. The court shall grant a residential variance <br />to an excluded person if the excluded person certifies: <br />1. That the person lived in the downtown public safety zone, <br />other than transient occupancy in a hotel or motel, when <br />excluded; and <br />2. Continues to live in the downtown public safety zone. <br />(c) Essential Needs Variance. The court may grant an essential <br />needs variance to an excluded person if the excluded person <br />certifies: <br />1. That the excluded person possesses a residential variance; <br />2. That the excluded person must access a public or private <br />place within the downtown public safety zone that fulfills an <br />essential need; and <br />3. That the essential need sought by the excluded person <br />cannot reasonably be accessed by the excluded person <br />without violating the downtown public safety zone exclusion. <br />(d) Employment Variance. <br />1. The court shall grant an employment variance to an <br />excluded person if the excluded person certifies that the <br />person is an owner, principal, agent or employee of a place <br />of lawful employment located in a downtown public safety <br />zone. <br />2. The court may grant an employment variance to an excluded <br />person to allow travel within the downtown public safety <br />zone in accordance with the terms of the variance if the <br /> <br />Ordinance - Page 4 of 7 VERSION B <br />08 Downtown PSZ Ord - Excl. - Version B (00198796) <br />5/28/08 <br /> <br /> <br /> <br />