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enumerated in subsection (1) of section 4.874 of this code and whether <br />the conduct supporting the conviction occurred in the downtown public <br />safety zone. A certified copy of the conviction shall be conclusive <br />evidence of the conviction. <br />(6) <br /> A person subject to an exclusion order under subsection (1), (3), (4) or <br />(5) of this section may apply for a variance pursuant to section 4.878 of <br />this code. <br />(7) <br />An exclusion ordered by the court pursuant to subsections (1), (3) or (4) <br />of this section shall terminate upon acquittal, dismissal of charges, or <br />failure to prosecute. <br /> <br />4.877 Downtown Public Safety Zone - Variances <br />. Variances shall be granted, <br />denied or revoked in accordance with section 4.878 of this code. All <br />variances shall be in writing; shall be valid for a specific period of time and <br />shall only accommodate a specific purpose, all of which shall be stated on <br />the variance. The purpose of the variance is to allow travel to and from <br />locations within the downtown public safety zone according to the terms of <br />the variance. In order for the variance to be effective, the excluded person <br />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 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 /> <br />Ordinance - Page 5 of 8 VERSION A <br />08 Downtown PSZ Ord - Excl. - Version A (00198795) <br />5/28/08 <br /> <br /> <br /> <br />