Item 2: Ordinance on Downtown Public Safety Zone

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show cause why the person should not be excluded from the downtown public safety zone. The notice shall contain: (a) The date, time and place the person is to appear; (b) The name of person ordered to appear; (c) The name of the peace officer issuing the notice; (d) A brief explanation of the purpose of and procedure for the court appearance; (e) The following statement: “If you fail to appear at Municipal Court at the date and time set forth above, the Municipal Court may enter an order excluding you for ninety days from the Downtown Public Safety Zone, shown on the attached map;” (f) A statement that the person has the right to utilize the city’s advocacy program, at no expense to the person, and a statement providing advocate contact information; (g) A statement that the person has the right to be represented by an attorney, at the person’s own expense, at the hearing. (h) A statement that, if the person is convicted of the offense for which the person was arrested or cited, the person may be excluded from the downtown public safety zone for an additional period of one year from the date of conviction; (i) A map showing boundaries of the downtown public safety zone; and (j) A brief description of the reasons for which the court may grant a variance and the procedure for requesting a variance.] Section 3. Section 4.876 of the Eugene Code, 1971, is amended to provide as follows: 4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure . (1) [ At the date and time set forth in the notice described in section 4.875 of this code, if the person appears, the court shall set a date and time for the show cause hearing, which shall be not less than five (5) nor more than fourteen (14) calendar days from the date the person was required to appear under section 4.875 of this code. If the person does not appear, the court shall not schedule a show cause hearing and if, based on a police report or affidavit from a witness, the court finds by a preponderance of the evidence that the person committed an offense enumerated in subsection (1) of section 4.874 of this code while in the downtown public safety zone, the court may enter an order excluding the person from the downtown public safety zone for a period of ninety (90) calendar days, effective at 12:01 a.m. the next day. (2) At the show cause hearing, the person shall have the opportunity to show cause why the person should not be excluded from the downtown public safety zone. (3) If the court at the show cause hearing finds by a preponderance of the evidence that the person committed an offense enumerated in subsection (1) of section 4.874 of this code while in the downtown public safety zone, the court may enter an order excluding the person from the downtown public S:\CMO\2012 Council Agendas\M120917\S1209172.doc