4.750 Variances | Eugene Code

4.750 Variances.

(1) Variances shall be granted, denied or revoked in accordance with this section. All variances shall be in writing, for a specific period and only to accommodate a specific purpose, all of which shall be stated on the variance. The purpose of the variance is to allow only travel to and from locations within a prostitution-free zone according to the terms of the variance. The variance must be carried on the person while in a prostitution-free zone in order to be effective and must be presented to a police officer upon request. In the event a person having a variance is found in a prostitution-free zone in violation of the terms of the variance, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to section 4.807 of this code or ORS 164.245.

(a) General Variance. The court may for any reason grant a variance from an exclusion at any time during an exclusion period. A variance granted under this subsection allows travel only within the prostitution-free zone specified in the variance, and only according to the terms specified in the variance.

(b) Residential Variance. The court shall grant a residential variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

1. That the person lived in a prostitution-free zone, other than transient occupancy in a hotel or motel, when excluded; and

2. Continues to live in the prostitution-free zone.

A variance granted under this subsection allows travel only within the prostitution-free zone within which the residence is situated and only in accordance with the terms of the variance.

(c) Essential Needs Variance. The court may grant an essential needs variance from an exclusion to an excluded person to allow travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

1. That the excluded person possesses a residential variance;

2. That the excluded person must access a public or private place within a prostitution-free zone that provides an essential need; and

3. That the essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the prostitution-free zone exclusion.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person resides and only in accordance with the terms of the variance.

1. The court shall grant an employment variance from an exclusion to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

a. That the person was an owner, principal, agent or employee of a place of lawful employment located in a prostitution-free zone when excluded; and

b. Continues to be employed in the prostitution-free zone.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person works and only in accordance with the terms of the variance.

2. The court may grant an employment variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

a. That the person is an owner, principal, agent or employee of a place of lawful employment; and

b. The excluded person will be required to perform employment-related services in a prostitution-free zone.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the excluded person works and only in accordance with the terms of the variance.

(e) Social Services Variance. The court may grant a social services variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

1. That the person is in need of social services in a prostitution-free zone;

2. The social services are sought for reasons relating to the health or well-being of the excluded person; and

3. The social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by their clients.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the social services agency is located and only in accordance with the terms of the variance.

1. The court shall grant an educational variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies:

a. That the person was enrolled as a student at an educational facility located within a prostitution free zone when excluded; and

b. Is currently enrolled as a student at the same educational facility.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the educational facility is located and only in accordance with the terms of the variance.

2. The court may grant an educational variance to an excluded person to allow travel within a prostitution-free zone in accordance with the terms of the variance if the excluded person certifies that the person will be enrolled at an educational facility within a prostitution-free zone if the variance is granted.

A variance granted under this subsection allows travel only within the prostitution-free zone in which the educational facility is located and only in accordance with the terms of the variance.

(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 for any of the offenses enumerated in section 4.747(1) of this code in a prostitution-free 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

2. If the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance.

(a) A peace officer who has probable cause to believe a person who has been granted a variance has violated its terms or conditions may issue to the person a Notice to Show Cause that requires the person to appear at Municipal Court at a specified date and time, at which time the court will set a date and time for a show cause hearing.

(b) If the person fails to appear at the time and date specified in the Notice, the court shall revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance.

(a) Essential Needs. As used in this section, “essential needs” means food, physical care and medical attention for both physical and mental conditions.

(b) Travel. As used in this section and section 4.747 of this code, “travel” means the movement on foot or within or upon a vehicle within a prostitution-free zone from one point to another without delay other than to obey traffic control devices.