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<br />(b) If the person fails to appear at the time and date specified in the <br />notice, the court may revoke or modify the variance. If the person <br />does appear, the court shall set a time for a hearing, at which the <br />person shall have the opportunity to show cause why the variance <br />should not be revoked or modified. At the hearing, the city shall <br />have the burden to prove by a preponderance of the evidence that <br />the person violated the terms or conditions of the variance. If the <br />court finds that the city proved by a preponderance of the <br />evidence that the person violated the terms or conditions of the <br />variance, the court may revoke or modify the variance. <br />(4) Definitions. <br />(a) Arrest. As used in this section and sections 4.874, 4.875, <br />and 4.877, of this code, "arrest" includes taking a person under 18 <br />years of age into custody as defined in ORS 419C.080(1 )(a). <br />(b) Essential Needs. As used in this section, "essential needs" means <br />food, physical care and medical attention for both physical and <br />mental conditions. <br />(c) Travel. As used in this section and section 4.874 of this code, <br />"travel" means the movement on foot or within or upon a vehicle <br />within the downtown public safety zone from one point to another <br />without delay other than to obey traffic control devices. <br /> <br />4.879 Violation of Downtown Public Safety Zone Restrictions. <br />(1) A person commits the crime of violation of downtown public safety zone <br />restrictions if the person enters or remains unlawfully in or upon <br />premises in the downtown public safety zone. <br />(2) The term "enter and remain unlawfully" shall have the meaning <br />provided in section 4.805 of this code. For purposes of this section, <br />"premises" means the public parks and public streets, alleys, sidewalks <br />and other public ways in the downtown public safety zone. <br /> <br />Section 2. Subsection (1) of Section 4.990 of the Eugene Code, 1971, is <br /> <br />amended by adding the penalty for violation of Section 4.879 of this Code in numerical <br /> <br />order to the penalty table to provide: <br /> <br />4.990 Penalties - Specific. <br />(1) Violation of the following sections is punishable by fine or confinement <br />in jail, or both, up to the amounts indicated opposite each. In addition, <br />the court may order any treatment, related to the violation, deemed <br />necessary for rehabilitation of the offender and the safety of the <br />community. <br /> <br />Ordinance - Page 8 of 9 <br />