Item 5: Ordinance on Downtown Public Safety Zones

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4.877 Downtown Public Safety Zone - Variances . Variances shall be granted, denied or revoked in accordance with section 4.878 of this code. All variances shall be in writing; shall be valid for a specific period of time and shall only accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow travel to and from locations within the downtown public safety zone according to the terms of the variance. In order for the variance to be effective, the excluded person must carry the variance on his or her person while in the downtown public safety zone and must present the variance to a police officer upon request. In the event a person who has been granted a variance is found in the downtown public safety zone in violation of the terms of the variance, that person is subject to immediate arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code. 4.878 Downtown Public Safety Zone - Variances - Application/Revocation Procedure . (1) At any time after an order of exclusion is entered against a person, the person may apply in writing to the municipal court for a variance from the exclusion. The application shall be made on forms provided by the court. A variance granted under this subsection allows travel in the downtown public safety zone only according to the terms specified in the variance. (a) General Variance. The municipal court may for any reason grant a variance from an exclusion at any time during an exclusion period. (b) Residential Variance. The court shall grant a residential variance to an excluded person if the person certifies: 1. That the person lived in the downtown public safety zone, other than transient occupancy in a hotel or motel, when excluded; and 2. Continues to live in the downtown public safety zone. (c) Essential Needs Variance. The court may grant an essential needs variance to an excluded person if the excluded person certifies: 1. That the excluded person possesses a residential variance; 2. That the excluded person must access a public or private place within the downtown public safety zone that fulfills an essential need; and 3. That the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the downtown public safety zone exclusion. (d) Employment Variance. Ordinance - Page 4 of 7 S0808115-attB.doc