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(5) Upon receipt of a copy of the conviction for an offense enumerated in subsection (2) of section
<br />4.874 of this code and based on information in a police report or an affidavit from a witness that the
<br />conduct supporting the conviction occurred in the downtown public safety zone, the municipal
<br />court may enter an order excluding the convicted person from the downtown public safety zone for
<br />one (1) year from the date of conviction. The person shall be informed of the exclusion order by
<br />first-class mail sent to the person’s last-known address. The excluded person may request a hearing
<br />on the exclusion. The only issues at such hearing shall be whether the person was convicted of an
<br />offense enumerated in subsection (2) of section 4.874 of this code and whether the conduct
<br />supporting the conviction occurred in the downtown public safety zone. A certified copy of the
<br />conviction shall be conclusive evidence of the conviction.
<br />(6) A person subject to an exclusion order under subsection (1), (3), (4) or (5) of this section may apply
<br />for a variance pursuant to section 4.878 of this code.
<br />(7) An exclusion ordered by the court pursuant to subsections (1), (3) or (4) of this section shall
<br />terminate upon acquittal, dismissal of charges, or failure to prosecute.
<br />(Section 4.876 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the City Council, to sunset and be repealed August 11, 2010; sunset date extended to January 8, 2011, by Ordinance No. 20462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 />4.877 Downtown Public Safety Zone - Variances. Variances shall be granted, denied or revoked in accordance
<br />with section 4.878 of this code. All variances shall be in writing; shall be valid for a specific period of time
<br />and shall only accommodate a specific purpose, all of which shall be stated on the variance. The purpose of
<br />the variance is to allow travel to and from locations within the downtown public safety zone according to
<br />the terms of the variance. In order for the variance to be effective, the excluded person must carry the
<br />variance on his or her person while in the downtown public safety zone and must present the variance to a
<br />police officer upon request. In the event a person who has been granted a variance is found in the
<br />downtown public safety zone in violation of the terms of the variance, that person is subject to immediate
<br />arrest for violation of downtown public safety zone restrictions pursuant to section 4.879 of this code.
<br />(Section 4.877 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; sunset date extended to April 30, 2012, by Ordinance No. 20467, enacted
<br />December 8, 2010, effective January 8, 2011.)
<br />
<br />4.878 Downtown Public Safety Zone - Variances - Application/Revocation Procedure.
<br />(1) At any time after an order of exclusion is entered against a person, the person may apply in writing
<br />to the municipal court for a variance from the exclusion. The application shall be made on forms
<br />provided by the court. A variance granted under this subsection allows travel in the downtown
<br />public safety zone only according to the terms specified in the variance.
<br />(a) General Variance. The municipal court may for any reason grant a variance from an exclusion
<br />at any time during an exclusion period.
<br />(b) Residential Variance. The court shall grant a residential variance to an excluded person if the
<br />person certifies:
<br />1. That the person lived in the downtown public safety zone, other than transient
<br />occupancy in a hotel or motel, when excluded; and
<br />2. Continues to live in the downtown public safety zone.
<br />(c) Essential Needs Variance. The court may grant an essential needs variance to an excluded
<br />person if the excluded person certifies:
<br />1. That the excluded person possesses a residential variance;
<br />2. That the excluded person must access a public or private place within the downtown
<br />public safety zone that fulfills an essential need; and
<br />3. That the essential need sought by the excluded person cannot reasonably be accessed
<br />by the excluded person without violating the downtown public safety zone exclusion.
<br />(d) Employment Variance.
<br />1. The court shall grant an employment variance to an excluded person if the excluded
<br />person certifies that the person is an owner, principal, agent or employee of a place of
<br />lawful employment located in a downtown public safety zone.
<br />2. The court may grant an employment variance to an excluded person to allow travel
<br />within the downtown public safety zone in accordance with the terms of the variance
<br />if the excluded person certifies:
<br />a. That the person is an owner, principal, agent or employee of a place of lawful
<br />employment; and
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