Item A: Downtown Public Safety Zone

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b. The excluded person will be required to perform employment-related services in the downtown public safety zone. (e) Social Services Variance. The court may grant a social services variance to an excluded person if the excluded person certifies: 1. That the person is in need of social services located in the downtown public safety zone; 2. The social services are sought for reasons relating to the health or well-being of the excluded person; and 3. The social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients. (f) Educational Variance. 1. The court shall grant an educational variance to an excluded person if the excluded person certifies: a. That the person was enrolled as a student at an educational facility located within the downtown public safety zone when excluded; and b. Is currently enrolled as a student at the same educational facility. 2. The court may grant an educational variance to an excluded person if the excluded person certifies that the person will be enrolled at an educational facility within the downtown public safety zone if the variance is granted. (2) Revocation of Variances. Variances may be revoked in accordance with the following provisions: (a) The grounds for revocation of any variance other than a residential variance are as follows: 1. The applicant provided false information in order to obtain the variance; 2. The person is arrested or cited for any of the offenses enumerated in subsection (2) of section 4.874 of this code in the downtown public safety zone subsequent to the issuance of the variance; or 3. The circumstances giving rise to the issuance of the variance no longer support a continuation of the variance. (b) Residential Variance Exception. A residential variance may be revoked only: 1. If the applicant provided false residential information in order to obtain the variance; or 2. If the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance. (3) Revocation Procedure. (a) A peace officer who has probable cause to believe a person who has been granted a variance has violated its terms or conditions may issue to the person a notice to show cause that requires the person to appear at municipal court at a specified date and time, at which time the court will set a date and time for a show cause hearing. (b) If the person fails to appear at the time and date specified in the notice, the court may revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance. If the court finds that the city proved by a preponderance of the evidence that the person violated the terms or conditions of the variance, the court may revoke or modify the variance. (4) Definitions. (a) Arrest. As used in this section and sections 4.874, 4.875, and 4.877, of this code, “arrest” includes taking a person under 18 years of age into custody as defined in ORS 419C.080(1)(a). (b) Essential Needs. As used in this section, "essential needs" means food, physical care and medical attention for both physical and mental conditions. (c) Travel. As used in this section and section 4.874 of this code, travel means the movement  on foot or within or upon a vehicle within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. (Section 4.878 added by Ordinance No. 20419, enacted August 11, 2008, effective September 13, 2008; and unless extended by the City Council, to sunset and be repealed August 11, 2010; sunset date extended to January 8, 2011, by Ordinance No. 20462 enacted August 9, 2010, effective August 11, 2010; sunset date extended to April 30, 2012, by Ordinance No. 20467, enacted December 8, 2010, effective January 8, 2011.) 4.879 Violation of Downtown Public Safety Zone Restrictions. Page 15 of 16