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City of Portland

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14B.20.050 Procedure.

A.  If a person is arrested and either cited to appear in court for charging or lodged in jail for presentation to a magistrate for charging based upon probable cause to believe that the person has committed any of the offenses enumerated in Subsection A. of Section 14B.20.030 within a drug-free zone, the Chief of Police and/or designees may exclude that person from that drug-free zone.  Every person excluded shall be provided a notice of exclusion and variances substantially similar to Exhibit  C attached to Ordinance No. 179995.  Additions to the notice of exclusion that increase the scope of the exclusion from that described in Exhibit C render the notice and the exclusion invalid.

B.  At the time a person is issued a notice of exclusion from a drug-free zone, the Chief of Police and/or designees may discuss with the excluded person whether the person has a plausible need for a variance and may issue a variance pursuant to the process described in subsection B of Section 14B.20.060.

C.  The notice of exclusion shall be in writing and a copy delivered to the excluded person.  The notice of exclusion shall include the following: 

1.  A description of the areas designated as a drug-free zone in Section 14B.20.070 from which that person is excluded; and

2.  Information concerning the right to appeal the exclusion to the Code Hearings Officer as provided in Chapter 22.10 of this Code.

3.  Notice that conviction of the offense for which the person was arrested and excluded will result in a one-year exclusion and information concerning the right to appeal a conviction-based exclusion to the Code Hearings Officer as provided in Chapter 22.10 of this Code.