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(1) At the date and time set forth in the Notice described in section 4.748 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 Notice was issued. The court may impose a temporary exclusion order, to be in effect only until the show cause hearing, if, based on a police report or an affidavit from a witness and after considering any response by the person, it appears to the court that there is probable cause to believe the person committed an offense enumerated in section 4.747(1) of this code. If the person does not appear, the court shall not schedule a show cause hearing and shall enter an order excluding the person from the prostitution-free zone for a period of ninety (90) 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 prostitution-free zone or should be granted a variance as provided in section 4.750 of this code.

(3) If the court finds at the show cause hearing that there is probable cause to believe the person committed an offense enumerated in section 4.747(1) of this code, the court shall enter an order excluding the person from the prostitution-free zone for a period of ninety (90) calendar days.

(4) If the person does not appear at the show cause hearing, the court shall enter an order of exclusion as described in subsection (1) of this section.

(5) Upon receipt of reliable information that a person has been convicted of an offense enumerated in section 4.747(1) of this code and that the conduct supporting the conviction occurred in a prostitution-free zone, the municipal court shall enter an order excluding the person from the prostitution-free zone for one year. 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 section 4.747(1) of this code and whether the conduct supporting the conviction occurred in a prostitution-free zone. A certified copy of the conviction shall be conclusive evidence of the conviction.

(6) 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 4.750 of this code.

(Section 4.749 added by Ordinance No. 20205, enacted August 7, 2000, effective September 6, 2000.)