Item 2: Ordinance on Downtown Public Safety Zone

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safety zone for a period of ninety (90) calendar days effective at 12:01 a.m. the next day. (4) If the person does not appear at the show cause hearing, and, based on a police report or an 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 of exclusion as described in subsection (1) of this section.] (5) 1 Upon receipt of a copy of the conviction for an offense enumerated in subsection [(2)] (1) of section 4.874 of this code and based on information in a police report or an affidavit from a witness that the conduct supporting the conviction occurred in the downtown public safety zone, the municipal court may enter an order excluding the convicted person from the downtown public safety zone for one (1) year from the date of conviction. The person shall be informed of the exclusion order by first-class mail sent to the person’s last- known address. The excluded person may request a hearing on the exclusion. The only issues at such hearing shall be whether the person was convicted of an offense enumerated in subsection [(2)] (1) of section 4.874 of this code and whether the conduct supporting the conviction occurred in the downtown public safety zone. A certified copy of the conviction shall be conclusive evidence of the conviction. (6) 2 A person subject to an exclusion order under subsection (1)[, (3), (4) or (5)] of this section may apply for a variance pursuant to section 4.878 of this code. (7) [An exclusion ordered by the court pursuant to subsections (1), (3) or (4) of this section shall terminate upon acquittal, dismissal of charges, or failure to prosecute.] Section 4. Subsections (2) and (4) of Section 4.878 of the Eugene Code, 1971, are amended to provide as follows: 4.878 Downtown Public Safety Zone - Variances - Application/Revocation Procedure . (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)] (1) 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 S:\CMO\2012 Council Agendas\M120917\S1209172.doc