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or in the criminal laws of the State of Oregon on the downtown mall, except that this section shall <br />not apply to violations of section 4.872. For purposes of this section only, the downtown mall <br />includes that areabounded bythe north margin of the south sidewalk of 8th Avenue~ the south margin <br />of the south sidewalk of l0th Avenue~ the west margin of the east sidewalk of Lincoln Street~ and the <br />east margin of the west sidewalk of Oak Street. An exclusion will not apply to those portions of the <br />streets that are open to vehicular traffic~ A notice of exclusion shall notify the person who <br />committed the offense that the person will be prohibited from entering upon the downtown mall for <br />a period of 60 days. The notice of exclusion shall be in w~ting~ shall specify the duration of the <br />exclusion and the places from which the person will be excluded~ shall describe the procedure to <br />appeal the notice of exclus~on~ and shall specify the time and place that the appeal will be hear& The <br />notice of exclusion shall be signed by the officer who issues k and shall be given to the person who <br />will be excluded from the mall. <br /> (2) Any person receiving a notice of exclusion may appeal by appearing at <br />municipal court at the time specified in the notice of exclusion for a hearing on the appeal, which <br />shallbe no more than five days fromthe date the notice of exclusion is issued~ The munic/paljudge <br />shall hear the appeal at that time and shall render a decision at the conclu~sion of the hearing, which <br />may be continued for no more than five days. The municipal judge may affirm, modify or reverse <br />the notice of exclusion. The municipal judge may modify the notice of exclusion for the same <br />p~.~rposes for Which the c~ty manager or designee is authorized to grant a variance under subsection <br />(4) of th~s section~ <br /> (3} If the person to whom the notice of exclusion is issued does not appear at <br />municipal coru~ at the time specified ~br the appeal, the exclusion shall take effeCt-at the time set for <br />the appeal. If the person to whom the notice of exclusion is issued appears at municipal court at the <br />time specified for the appeal, and after the hearing the judge affiants or modifies the notice of <br />exclusion~ the exclusion shall take effect immediately upon the judge's decision. <br /> (4) At any time during theperiod of exclusion, aperson who has received a notice <br />of exclusion may apply to the city manager or designee for a variance to allow the person to enter <br />upon the downto~m mall for specified purposes. The city manager or designee may grant a variance <br />if the person establishes a need to enter upon the mall fbr reasons of emplo)~nent, medical treatment <br />or similar good cause~ or because the person has a lawfifl residence in the downtown mall. A <br />variance may ~aclude such conditions as the citymanager or designee determines will prevent future <br />offenses. <br /> (5) Any person who enters upon the downtown mall in violation of a notice of <br />exclusion commits criminal trespass in the second degree~ <br /> (6) NotwSthstanding the provisions of section 2.770 of this code, the notice of <br />exclusion appeal heating shall be governed by the procedures set forth in th/s section. <br /> <br />Ordinance ~ 2 <br /> <br /> <br />