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Ordinance No. 20205
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2000 No. 20184-20219
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Ordinance No. 20205
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Last modified
6/10/2010 4:42:54 PM
Creation date
7/7/2006 5:05:43 PM
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Template:
City Recorder
CMO_Document_Type
Ordinances
Document_Date
8/7/2000
Document_Number
20205
CMO_Effective_Date
9/6/2000
Author
James D. Torrey
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<br />(b) <br />(c) <br />(d) <br />(e) <br />vehicle; or <br />(f) Travel to and from the person's residence, if the residence is in the <br />prostitution- free zone. <br />(4) While in a prostitution-free zone, a person who is otherwise excluded may <br />only travel directly to and from the obligations enumerated in (3)(a) - (f) of this section. <br />(5) If an excluded person is in any prostitution-free zone in violation of the <br />exclusion during the exclusion period, that person is subject to immediate arrest for criminal trespass <br />in the second degree pursuant to section 4.807 of this code or ORS 164.245. <br /> <br />Attend a scheduled meeting with a medical or social service provider; <br />Comply with court- or corrections-ordered obligations; <br />Contact criminal justice personnel at a criminal justice facility; <br />Travel through a prostitution-free zone on a Lane Transit District <br /> <br />4.748 Issuance of Notice to Show Cause. When a peace officer arrests a person or issues <br />a citation for any of the offenses enumerated in section 4.747(1) of this code, the <br />officer shall also issue to the person being arrested or cited a Notice to Show Cause. The Notice <br />shall require the person to appear at Municipal Court at a designated time within three (3) to five (5) <br />business days, at which time the court will set a date and time for the hearing for the person to show <br />cause why the person should not be excluded from all prostitution-free zones. The Notice shall <br />contain: <br /> <br />(a) The date, time and place the person is to appear; <br />(b) The name of person ordered to appear; <br />(c) The name of the peace officer issuing the Notice; <br />( d) A brief explanation of the purpose of and procedure for the court <br />appearance; <br />( e) The following statement: "If you fail to appear at Municipal Court at <br />the date and time set forth above, the Municipal Court will enter an order excluding <br />you for ninety days from the parts of the City shown on the attached map;" <br />(f) A statement that, if the person is convicted of the prostitution-related <br />offense for which the person was arrested or cited, the person will be excluded from <br />all prostitution-free zones in the city for an additional period of one year; <br />(g) A map showing the prostitution-free zones; and <br />(h) A brief description of the reasons for which the court may grant a <br />variance and the procedure for requesting a variance. <br /> <br />4.749 Exclusion Orders - Procedure. <br />(1) At the date and time set forth in the Notice described in section 4.748 of this <br />code, if the person appears, the court shall set a date and time for the show cause hearing, which shall <br />be not less than five (5) nor more than fourteen (14) calendar days from the date the Notice was <br />issued. The court may impose a 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 after considering any response <br />by the person, it appears to the court that there is probable cause to believe the person committed an <br />offense enumerated in section 4.747(1) of this code. If the person does not appear, the court shall <br />not schedule a show cause hearing and shall enter an order excluding the person from the <br /> <br />Ordinance - 2 <br />
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