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<br />4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure <br />. <br />(1) <br /> At the date and time set forth in the notice described in section 4.875 of <br />this code, if the person appears, the court shall set a date and time for <br />the show cause hearing, which shall be not less than five (5) nor more <br />than fourteen (14) calendar days from the date the person was required <br />to appear under section 4.875 of this code. The court may impose a <br />temporary exclusion order, to be in effect only until the show cause <br />hearing, if, based on a police report or an affidavit from a witness and <br />after considering any response by the person, the court finds by a <br />preponderance of the evidence that the person committed an offense <br />enumerated in subsection (1) of section 4.874 of this code while in the <br />downtown public safety zone. If the person does not appear, the court <br />shall not schedule a show cause hearing and if, based on a police <br />report or affidavit from a witness, the court finds by a preponderance of <br />the evidence that the person committed an offense enumerated in <br />subsection (1) of section 4.874 of this code while in the downtown <br />public safety zone, the court may enter an order excluding the person <br />from the downtown public safety zone for a period of ninety (90) <br />calendar days, effective at 12:01 a.m. the next day. <br />(2) <br /> At the show cause hearing, the person shall have the opportunity to <br />show cause why the person should not be excluded from the downtown <br />public safety zone. <br />(3) <br /> If the court at the show cause hearing finds by a preponderance of the <br />evidence that the person committed an offense enumerated in <br />subsection (1) of section 4.874 of this code while in the downtown <br />public safety zone, the court may enter an order excluding the person <br />from the downtown public safety zone for a period of ninety (90) <br />calendar days effective at 12:01 a.m. the next day. <br />(4) <br /> If the person does not appear at the show cause hearing, and, based <br />on a police report or an affidavit from a witness, the court finds by a <br />preponderance of the evidence that the person committed an offense <br />enumerated in subsection (1) of section 4.874 of this code while in the <br />downtown public safety zone, the court may enter an order of exclusion <br />as described in subsection (1) of this section. <br />(5) <br /> Upon receipt of a copy of the conviction for an offense enumerated in <br />subsection (1) of section 4.874 of this code and based on information in <br />a police report or an affidavit from a witness that the conduct supporting <br />the conviction occurred in the downtown public safety zone, the <br />municipal court may enter an order excluding the convicted person from <br />the downtown public safety zone for one (1) year from the date of <br />conviction. The person shall be informed of the exclusion order by first- <br /> <br />Ordinance - Page 4 of 8 VERSION A <br />08 Downtown PSZ Ord - Excl. - Version A (00198795) <br />5/28/08 <br /> <br /> <br /> <br />