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Item B: Ordinance on Downtown Public Safety Zone
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Item B: Ordinance on Downtown Public Safety Zone
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12/8/2010
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court will set a date and time for the hearing for the person to show cause <br />why the person should not be excluded from the downtown public safety <br />zone. The notice shall contain: <br />(a) <br /> The date, time and place the person is to appear; <br />(b) <br /> The name of person ordered to appear; <br />(c) <br /> The name of the peace officer issuing the notice; <br />(d) <br /> A brief explanation of the purpose of and procedure for the court <br />appearance; <br />(e) <br /> The following statement: “If you fail to appear at Municipal Court at the <br />date and time set forth above, the Municipal Court may enter an order <br />excluding you for ninety days from the Downtown Public Safety Zone, <br />shown on the attached map;” <br />(f) A statement that the person has the right to utilize the city’s <br />advocacy program, at no expense to the person, and a statement <br />providing advocate contact information; <br /> <br />(f) <br />gA statement that the person has the right to be represented by an <br />attorney, at the person’s own expense, at the hearing. <br />(g) <br />h 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) <br />i A map showing boundaries of the downtown public safety zone; and <br />(i) <br />j A brief description of the reasons for which the court may grant a <br />variance and the procedure for requesting a variance. <br /> <br /> <br />Section 3 <br />. Subsection (1) of Section 4.876 of the Eugene Code, 1971, is <br />amended to provide as follows: <br />4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure <br />. <br />(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 <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 />OPTION B <br />Ordinance - Page 3 of 4 <br /> <br />
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