Ordinance No. 20121 - Laserfiche WebLink

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ORDINANCE NO, 20 ~ 2 ~ AN ORDINANCE E~CLUDnVG LAw VIOLATORS FROM THE DOwNTOwN MALL; ADDING A NE~V SECTION 4.874 TO THE EUGENE CODE,1971; AND PROVIDING AN AUTOMATIC REPEAL AS OF MARCH 31,1999. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1, Anew Section 4.874 is hereby added to the Eugene Code, 1971, to read and prove e: 4.874 Pedestrian Mall -Exclusion. ~1} Any peace officer, as defined by ORS 133.005, may issue a notice of exclusion from the downtown mall to any person who commits any offense defined in this chapter or in the criminal laws of the State of Oregon on the downtown mall, except that this section shall not apply to violations of section 4.872. A notice of exclusion shall prohibit the person who committed the offense from entering upon the downtown mall for a period of 60 days. The notice of exclusion shall be in writing, shall specify the duration of the exclusion and the places from which the person is excluded, shall describe the procedure to appeal the notice of exclusion, and shall specify the time and place that the appeal will be heard. The notice of exclusion shall be signed by the officer who issues it and shall be given to the person excluded from the mall. ~2} Any person receiving a notice of exclusion may appeal by appearing at municipal court at the time specified in the notice of exclusion for a hearing on the appeal, which shall be no more than five days from the date the notice of exclusion is issued. The municipal judge shall hear the appeal at that time and shall render a decision at the conclusion of the hearing, which maybe continued far no more than f ve days. The municipal judge may affirm, modify or reverse the notice of exclusion, The municipal judge may modify the notice of exclusion for the same purposes for which the city manager or designee is authorized to grant a variance under subsection ~4} of this section. ~3} If the person to whom the notice of exclusion is issued does not appear at municipal court at the time specified for the appeal, the exclusion shall take effect at the time set for the appeal, If the person to whom the notice of exclusion is issued appears at municipal court at the time specified for the appeal, and after the hearing the judge affirms or modifies the notice of exclusion, the exclusion shall tale effect immediately upon the judge's decision. ~4} ~ At any time during the period of exclusion, a person who has received a notice of exclusion may apply to the city manager or designee far a variance to allow the person to enter upon the downtown mall for specified purposes. The city manager or designee may grant a variance if the person establishes a need to enter upon the mall for reasons of employment, medical treatment or similar good cause. A variance may include such conditions as the city manager or designee Ordinance -1