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(1) <br /> At the date and time set forth in the notice described in section 4.875 of <br />this code, if the person appears, the court shall set a date and time for the <br />show cause hearing, which shall be not less than five (5) nor more than <br />fourteen (14) calendar days from the date the person was required to <br />appear under section 4.875 of this code. The court may impose a <br />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 <br />after considering any response by the person, the court finds by a <br />preponderance of the evidence that the person committed an offense <br />enumerated in subsection (1) of section 4.874 of this code while in the <br />downtown public safety zone. If the person does not appear, the court <br />shall not schedule a show cause hearing and if, based on a police report <br />or affidavit from a witness, the court finds by a preponderance of the <br />evidence that the person committed an offense enumerated in subsection <br />(1) of section 4.874 of this code while in the downtown public safety zone, <br />the court may enter an order excluding the person from the downtown <br />public safety zone for a period of ninety (90) calendar days, effective at <br />12:01 a.m. the next day. <br />(2) <br /> At the show cause hearing, the person shall have the opportunity to show <br />cause why the person should not be excluded from the downtown public <br />safety zone. <br />(3) <br /> If the court at the show cause hearing finds by a preponderance of the <br />evidence that the person committed an offense enumerated in subsection <br />(1) of section 4.874 of this code while in the downtown public safety zone, <br />the court may enter an order excluding the person from the downtown <br />public safety zone for a period of ninety (90) calendar days effective at <br />12:01 a.m. the next day. <br />(4) <br /> If the person does not appear at the show cause hearing, and, based on a <br />police report or an affidavit from a witness, the court finds by a <br />preponderance of the evidence that the person committed an offense <br />enumerated in subsection (1) of section 4.874 of this code while in the <br />downtown public safety zone, the court may enter an order of exclusion as <br />described in subsection (1) of this section. <br /> <br />Ordinance - Page 4 of 8 <br /> <br />S0808115-attA.doc <br /> <br />