Ordinance No. 20205 - Laserfiche WebLink

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prostitution-free zone for a period of ninety (90) days, effective at 12:01 a.m. the next day. (2) At the show cause hearing, the person shall have the opportunity to show cause why the person should not be excluded from the prostitution-free zone or should be granted a variance as provided in section 4.750 of this code. (3) If the court finds at the show cause hearing that there is probable cause to believe the person committed an offense enumerated in section 4.747(1) of this code, the court shall enter an order excluding the person from the prostitution-free zone for a period of ninety (90) calendar days. (4) If the person does not appear at the show cause hearing, the court shall enter an order of exclusion as described in subsection (1) of this section. (5) Upon receipt of reliable information that a person has been convicted of an offense enumerated in section 4.747(1) of this code and that the conduct supporting the conviction occurred in a prostitution-free zone, the municipal court shall enter an order excluding the pe~son from the prostitution-free zone for one year. The person shall be informed of the exclusion order by first-class mail sent to the person's 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 section 4.747(1) of this code and whether the conduct supporting the conviction occurred in a prostitution-free zone. A certified copy of the conviction shall be conclusive evidence of the conviction. (6) A person subject to an exclusion order under subsection (1), (3), (4) or (5) of this section may apply for a variance pursuant to section 4.750 of this code. 4.750 Variances. (1) Variances shall be granted, denied or revoked in accordance with this section. All variances shall be in writing, for a specific period and only to accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow only travel to and from locations within a prostitution-free zone according to the terms of the variance. The variance must be carried on the person while in a prostitution-free zone in order to be effective and must be presented to a police officer upon request. In the event a person having a variance is found in a prostitution-free zone in violation of the terms of the variance, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to section 4.807 of this code or ORS 164.245. ( a) General Variance. The court may for any reason grant a variance from an exclusion at any time during an exclusion period. A variance granted under this subsection allows travel only within the prostitution-free zone specified in the variance, and only according to the terms specified in the variance. (b) Residential Variance. The court shall grant a residential variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies: 1. That the person lived in a prostitution-free zone, other than transient occupancy in a hotel or motel, when excluded; and 2. Continues to live in the prostitution-free zone. Ordinance - 3