(A) Generally. Variances shall be granted, denied or revoked in accordance with the following provisions: 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 drug-free zone according to the terms of the variance. The variance must be carried on the person while in a drug-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 drug-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 O.R.S. 164.245.
(B) General variance. The City Law Enforcement Officer and/or designees may, for any reason, grant a variance from an exclusion at any time during an exclusion period. A variance granted under this division (B) allows travel only within the drug-free zone specified in the variance, and only according to the terms specified in the variance.
(C) Residential variance.
(1) The City Law Enforcement Officer and/or designees shall grant a residential variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:
(a) Lived in a drug-free zone when excluded; and
(b) Continues to live at the same residence.
(2) A variance granted under this division (C) allows travel only within the drug-free zone within which the residence is situated and only in accordance with the terms of the variance.
(D) Essential needs variance.
(1) The City Law Enforcement Officer and/or designees may grant an essential needs variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:
(a) Possesses a residential variance;
(b) Must access a public or private place within a drug-free zone that provides an essential need; and
(c) The essential need sought by the excluded person cannot reasonably be accessed by the excluded person without violating the drug-free zone exclusion.
(2) A variance granted under this division (D) allows travel only within the drug-free zone in which the excluded person resides and only in accordance with the terms of the variance.
(E) Employment variance.
(1) (a) The City Law Enforcement Officer and/or designees may grant an employment variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:
1. Was an owner, principal, agent or employee of a place of lawful employment located in a drug-free zone when excluded; and
2. Continues to be employed at the same place of employment.
(b) A variance granted under this division (E) allows travel only within the drug-free zone in which the excluded person works and only in accordance with the terms of the variance.
(2) (a) The City Law Enforcement Officer and/or designees may grant an employment variance from an exclusion to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:
1. Is an owner, principal, agent or employee of a place of lawful employment; and
2. Will be required to perform employment related services in a drug-free zone.
(b) A variance granted under this division (E) allows travel only within the drug-free zone in which the excluded person works and only in accordance with the terms of the variance.
(F) Social services variance.
(1) The City Law Enforcement Officer and/or designees may grant a social services variance to an excluded person to allow travel within a drug-free zone in accordance with the terms of the variance if the excluded person:
(a) Is in need of social services in a drug-free zone;
(b) The social services are sought for reasons relating to the health or well-being of the excluded person; and
(c) The social services agency has written rules and regulations prohibiting the unlawful use and sale of controlled substances by its clients.
(2) A variance granted under this division (F) allows travel only within the drug-free zone in which the social services agency is located and only in accordance with the terms of the variance.
(G) Revocation of variances. Variances may be revoked in accordance with the following provisions.
(1) Grounds for revocation:
(a) The applicant provided false information in order to obtain the variance;
(b) There is probable cause to believe the person has committed any of the offenses enumerated in § 132.03(A) in a drug-free zone subsequent to the issuance of the variance; or
(c) If the circumstances giving rise to the issuance of the variance no longer support a continuation of the variance.
(2) Residential variance exception.
(a) A residential variance may only be revoked if the applicant provided false residential information in order to obtain the variance; or
(b) If the circumstances giving rise to the issuance of the variance no longer support a continuation of the issuance of the variance.
(H) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ESSENTIAL NEEDS. Food, physical care and medical attention.
TRAVEL. The movement on foot or within or upon a vehicle within a drug-free zone from one point to another without delay other than to obey traffic-control devices.
(Ord. 354, passed 7-9-2001)