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 Independence
 Code of Ordinances
 Chapter 18. MISCELLANEOUS OFFENSES
 Article VI. DRUG-FREE ZONES

  § 18-170. Appeal and variance.  

Latest version.

  • The person to whom an exclusion notice is issued shall have a right to an appeal from the issuance of the notice.

    (1)

    Filing of appeal.

    a.

    An appeal of the exclusion must be filed, in writing, within five calendar days of the notice's issuance. A hearing on the appeal shall be held within five calendar days after receipt of the appeal.

    b.

    If no appeal is timely filed the exclusion shall take effect on the day after the notice's issuance. If an appeal is timely filed, the exclusion shall be stayed during the pendency of the appeal.

    c.

    The city shall have the burden to show by a preponderance of evidence that the exclusion is based on conduct proscribed by ORS 475.752, 475.81, 475.820, 475.830, 475.850, 475.860, 475.870, 475.880, 475.890, or 475.906 or ORS 475.912. Copies of documents in the city's control and which are intended to be used by the city at the hearing shall be made available to the appellant at least two days prior to the hearing.

    (2)

    Variances.

    a.

    A determination by a court having jurisdiction of the matter, that the officer who issued the exclusion notice, at that time had probable cause to arrest the person to whom the exclusion notice was issued for violation of ORS 475.752, 475.81, 475.820, 475.830, 475.850, 475.860, 475.870, 475.880, 475.890, or 475.906 or 475.912, shall be prima facie evidence that the exclusion was based on conduct proscribed by those statutes.

    b.

    Variances from an exclusion may be granted at any time during the exclusion period by either the City Manager or the City Manager's designee, but only for reasons relating to the health or well-being of the person excluded.

    c.

    All variances shall be in writing, shall be effective for a specific period of time and shall only accommodate a specific purpose, all of which shall be stated on the variance. The person shall keep the variance with them at all times the person is within the drug-free zone. In the event a person having a variance is found to be present in the drug-free zone outside the scope of the variance's terms, the variance shall immediately become void and that person is thereupon subject to arrest for trespass.

    d.

    In the event a person holding a variance is arrested for conduct prohibited by state or federal law involving controlled substances, the variance shall immediately become void and that person shall be ineligible for any new variances for a period of one year from the date of the arrest.

(Code 2006, § 9.18.5; Ord. No. 1275, § 1(part), 1993)