(A) Variances shall be granted, denied, amended, or revoked in accordance with the following provisions:
(1) 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.
(2) 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.
(3) The Police Department shall receive and process requests for prostitution-free zone variances during regular business hours if they are otherwise open to the public. This capability will be maintained at the police station.
(4) The Police Department, prior to issuing a variance, may demand proof in the form of written documentation concerning the need for a variations in cases where such documentation would be appropriate, including but not limited to, written proof of residency or employment.
(a) General variance. The Chief of Police and/or his designees may, for any reason, grant an excluded person a variance from an exclusion at any time during an exclusion period. The Chief of Police and/or designees shall grant an appropriate variance to an excluded person who presents a plausible need to engage in any non-criminal activity that is not associated with the behavior supporting the person's exclusion. A variance granted under this division (A)(4)(a) allows travel within the prostitution-free zone only in accordance with the terms specified in the variance.
(b) Residential variance. The Chief of Police and/or his designees shall grant a residential variance to an excluded person. A residential variance allows travel within the prostitution-free zone directly to or from the person's residence other than transient occupancy in a hotel or motel in accordance with the terms of the variance.
(c) Essential needs variance. The Chief of Police and/or his designees shall grant an essential needs variance to an excluded person. An essential needs variance allows travel within the prostitution-free zone in accordance with the terms of the variance:
1. To access a public or private place within the prostitution-free zone that provides an essential need; and
2. When the essential need sought by the excluded person cannot be reasonably accessed by the excluded person without entering the prostitution-free zone.
(d) Employment variance. The Chief of Police and/or his designees shall grant an employment variance to an excluded person. An employment variance allows an excluded person to travel to, from or for work within the prostitution-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 located in the prostitution-free zone; or
2. Is required to perform employment-related services in the prostitution-free zone.
(e) Social services variance. The Chief of Police and/or his designees shall grant a social services variance to an excluded person. A social services variance allows travel within the prostitution-free zone in accordance with the terms of the variance if the excluded person:
1. Is in need of social services in the 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.
(f) Educational variance. The Chief of Police and/or his designees shall grant an educational variance to an excluded person. An educational variance allows travel within the prostitution-free zone in accordance with the terms of the variance to enroll as a student or attend school at an educational facility located within the prostitution-free zone.
(B) Revocation or amendment of variances. Variances may be revoked or amended in accordance with the following provisions:
(1) A variance may be revoked or amended for the following reasons:
(a) The excluded person 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 § 131.06(A) in the prostitution-free zone subsequent to the issuance of the variance;
(c) If the circumstances giving rise to the issuance of the variance no longer support a continuation of the variance or a term thereof; or
(d) If the person has new circumstances that would support amending the variance.
(2) Residential variance exception.
(a) A residential variance may be revoked only 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 variance.
(Ord. C0-05-09, passed 3-7-2005)