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Ordinance No. 20419
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2008 No. 20401-20425
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Ordinance No. 20419
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Last modified
6/10/2010 3:50:44 PM
Creation date
8/13/2008 2:48:49 PM
Metadata
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Council Ordinances
CMO_Document_Number
20419
Document_Title
Downtown Public Safety Zones; Adding Sections 4.873, 4.874, 4.875, 4.876, 4.877, 4.878, and 4.879 to the Eugene Code 1971; and Amending Section 4.990 of that Code
Adopted_Date
8/11/2008
Approved Date
8/13/2008
CMO_Effective_Date
9/13/2008
Signer
Kitty Piercy
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<br />(g) A statement that, if the person is convicted of the offense for which the <br />person was arrested or cited, the person may be excluded from the <br />downtown public safety zone for an additional period of one year from <br />the date of conviction; <br />(h) A map showing boundaries of the downtown public safety zone; and <br />(i) A brief description of the reasons for which the court may grant a <br />variance and the procedure for requesting a variance. <br /> <br />4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure. <br />(1) 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 <br />the show cause hearing, which shall be not less than five (5) nor more <br />than fourteen (14) calendar days from the date the person was required <br />to 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 <br />report or affidavit from a witness, the court finds by a preponderance of <br />the evidence that the person committed an offense enumerated in <br />subsection (1) of section 4.874 of this code while in the downtown <br />public safety zone, the court may enter an order excluding the person <br />from the downtown public safety zone for a period of ninety (90) <br />calendar days, effective at 12:01 a.m. the next day. <br />(2) At the show cause hearing, the person shall have the opportunity to <br />show cause why the person should not be excluded from the downtown <br />public safety zone. <br />(3) If the court at the show cause hearing finds by a preponderance of the <br />evidence that the person committed an offense enumerated in <br />subsection (1) of section 4.874 of this code while in the downtown <br />public safety zone, the court may enter an order excluding the person <br />from the downtown public safety zone for a period of ninety (90) <br />calendar days effective at 12:01 a.m. the next day. <br />(4) If the person does not appear at the show cause hearing, and, based <br />on a 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 <br />as described in subsection (1) of this section. <br /> <br />Ordinance - Page 4 of 9 <br />
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