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Item 5: Ordinance on Downtown Public Safety Zones
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Item 5: Ordinance on Downtown Public Safety Zones
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8/8/2008 11:09:20 AM
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Agenda Item Summary
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8/11/2008
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(e) Attend any administrative or judicial hearing relating to an appeal of: <br /> 1. The person’s notice of exclusion; or <br />2. The denial, revocation or amendment of the person’s variance; <br />or <br />(f) Travel through the downtown public safety zone on a Lane Transit <br />District vehicle. Travel on a Lane Transit District vehicle includes <br />reasonable time spent waiting to transfer to another Lane Transit <br />District vehicle. <br />(4) <br /> While in the downtown public safety zone, a person who is otherwise <br />excluded but enters the zone pursuant to subsections (3)(a) - (f) of this <br />section may only travel directly to and from the purposes enumerated in <br />subsections (3)(a) - (f) of this section. <br />(5) <br /> If an excluded person is in the downtown public safety zone in violation of <br />the exclusion during the exclusion period, that person is subject to <br />immediate arrest for violation of downtown public safety zone restrictions <br />pursuant to section 4.879 of this code. <br /> <br />4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure <br />. <br />(1) <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 a <br />police report or an affidavit from a witness that the conduct supporting the <br />conviction occurred in the downtown public safety zone, the municipal <br />court may enter an order excluding the convicted person from the <br />downtown public safety zone for one (1) year from the date of conviction. <br />The person shall be informed of the exclusion order by first-class mail <br />sent to the persons last-known address. The excluded person may <br />= <br />request a hearing on the exclusion. The only issues at such hearing shall <br />be whether the person was convicted of an offense enumerated in <br />subsection (1) of section 4.874 of this code and whether the conduct <br />supporting the conviction occurred in the downtown public safety zone. A <br />certified copy of the conviction shall be conclusive evidence of the <br />conviction. <br />(2) <br /> A person subject to an exclusion order under this section may apply for a <br />variance pursuant to section 4.878 of this code. <br /> <br /> <br />Ordinance - Page 3 of 7 <br /> <br />S0808115-attB.doc <br /> <br />
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