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Item 5: Ordinance Extending the Sunset Date for the Downtown Public Safety Zone
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Item 5: Ordinance Extending the Sunset Date for the Downtown Public Safety Zone
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10/5/2012 1:33:59 PM
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10/8/2012
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(c) <br /> The name of the peace officer issuing the notice; <br />(d) <br /> A brief explanation of the purpose of and procedure for the court <br />appearance; <br />(e) <br /> The following statement: “If you fail to appear at Municipal Court at the <br />date and time set forth above, the Municipal Court may enter an order <br />excluding you for ninety days from the Downtown Public Safety Zone, <br />shown on the attached map;” <br />(f) <br />[ A statement that the person has the right to utilize the city’s advocacy <br />program, at no expense to the person, and a statement providing <br />advocate contact information;] <br />(g) <br />fA statement that the person has the right to be represented by an <br />attorney[, at the person’s own expense,] at the hearing. <br />(h) <br />g A statement that, if the person is convicted of the offense for which the <br />person was arrested or cited, the person may be excluded from the <br />downtown public safety zone for an additional period of one year from <br />the date of conviction; <br />(i) <br />h A map showing boundaries of the downtown public safety zone; and <br />(j) <br />i A brief description of the reasons for which the court may grant a <br />variance and the procedure for requesting a variance. <br /> Section 2. <br />Subsection (1) of Section 4.876 of the Eugene Code, 1971, is <br />amended to provide as follows: <br />4.876 Downtown Public Safety Zone - Exclusion Orders - Procedure <br />. <br />(1) <br /> At the date and time set forth in the notice described in section 4.875 <br />of this code, if the person appears, the court shall set a date and time <br />for the show cause hearing, which shall be [not less than five (5) nor <br />more than] within fourteen (14) calendar days from the date the <br />person was required to appear under section 4.875 of this code. If the <br />person does not appear, the court shall not schedule a show cause <br />hearing and if, based on a police report or affidavit from a witness, the <br />court finds by a preponderance of the evidence that the person <br />committed an offense enumerated in subsection (1) of section 4.874 of <br />this code while in the downtown public safety zone, the court may <br />enter an order excluding the person from the downtown public safety <br />zone for a period of ninety (90) calendar days, effective at 12:01 a.m. <br />the next day. <br />Section 3. <br /> The City Recorder, at the request of, or with the consent of the City <br />Attorney, is authorized to administratively correct any reference errors contained herein, <br />Ordinance - Page 2 of 3 <br /> Action Ordinance <br /> <br />
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