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(6) If an excluded person is in the downtown public safety zone in violation of the exclusion during the
<br />exclusion period, that person is subject to immediate arrest for violation of downtown public safety
<br />zone restrictions pursuant to section 4.879 of this code.
<br />(Section 4.874 added by Ordinance No. 20419, enacted August 11, 2008, effective September 13, 2008; and unless extended by
<br />the City Council, to sunset and be repealed August 11, 2010; administratively corrected Section (5) January 20, 2009; amended
<br />by Ordinance No. 20446, enacted December 14, 2009, effective January 1, 2010; sunset date adopted by Ordinance No. 20419
<br />extended to January 8, 2011, by Ordinance No. 20462 enacted August 9, 2010, effective August 11, 2010; amended, and sunset
<br />date extended to April 30, 2012, by Ordinance No. 20467, enacted December 8, 2010, effective January 8, 2011.)
<br />
<br />4.875 Downtown Public Safety Zone - Issuance of Notice to Show Cause. When a peace officer arrests a
<br />person or issues a citation for any of the offenses enumerated in subsection (1) of section 4.874 of this code,
<br />the officer shall also issue to the person being arrested or cited a notice to show cause. The notice shall
<br />require the person to appear at municipal court at a designated time within three (3) to five (5) business
<br />days, at which time the court will set a date and time for the hearing for the person to show cause why the
<br />person should not be excluded from the downtown public safety zone. The notice shall contain:
<br />(a) The date, time and place the person is to appear;
<br />(b) The name of person ordered to appear;
<br />(c) The name of the peace officer issuing the notice;
<br />(d) A brief explanation of the purpose of and procedure for the court appearance;
<br />(e) The following statement: “If you fail to appear at Municipal Court at the date and time set forth
<br />above, the Municipal Court may enter an order excluding you for ninety days from the Downtown
<br />Public Safety Zone, shown on the attached map;”
<br />(f) A statement that the person has the right to utilize the city’s advocacy program, at no expense to the
<br />person, and a statement providing advocate contact information;
<br />(g) A statement that the person has the right to be represented by an attorney, at the person’s own
<br />expense, at the hearing.
<br />(h) A statement that, if the person is convicted of the offense for which the person was arrested or cited,
<br />the person may be excluded from the downtown public safety zone for an additional period of one
<br />year from the date of conviction;
<br />(i) A map showing boundaries of the downtown public safety zone; and
<br />(j) A brief description of the reasons for which the court may grant a variance and the procedure for
<br />requesting a variance.
<br />(Section 4.875 added by Ordinance No. 20419, enacted August 11, 2008, effective September 13, 2008; and unless extended by
<br />the City Council, to sunset and be repealed August 11, 2010; sunset date extended to January 8, 2011, by Ordinance No. 20462
<br />enacted August 9, 2010, effective August 11, 2010; amended, and sunset date extended to April 30, 2012, by Ordinance No.
<br />20467, enacted December 8, 2010, effective January 8, 2011.)
<br />
<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 this code, if the person
<br />appears, the court shall set a date and time for the show cause hearing, which shall be not less than
<br />five (5) nor more than fourteen (14) calendar days from the date the person was required to
<br />appear under section 4.875 of this code. If the person does not appear, the court shall not schedule
<br />a show cause hearing and if, based on a police report or affidavit from a witness, the court finds by a
<br />preponderance of the evidence that the person committed an offense enumerated in subsection (1)
<br />of section 4.874 of this code while in the downtown public safety zone, the court may enter an
<br />order excluding the person 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 show cause why the person
<br />should not be excluded from the downtown public safety zone.
<br />(3) If the court at the show cause hearing finds by a preponderance of the evidence that the person
<br />committed an offense 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 excluding the person from the
<br />downtown public safety zone for a period of ninety (90) calendar days effective at 12:01 a.m. the
<br />next day.
<br />(4) If the person does not appear at the show cause hearing, and, based on a police report or an
<br />affidavit from a witness, the court finds by a preponderance of the evidence that the person
<br />committed an offense 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 as described in subsection
<br />(1) of this section.
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