(A) If a person is arrested and a magistrate has issued a magistrate's order, pursuant to G.S. § 15A-511(c), based upon probable cause to believe that the person has committed any of the offenses enumerated in § 35.52(A) within a prostitution- exclusion zone, the Chief of Police, or designee, shall exclude that person from that prostitution-exclusion zone. Every person excluded shall be provided with a notice of exclusion and variances.
(B) At the time a person is issued a notice of exclusion from a prostitution-exclusion zone, the Chief of Police, or designee, shall issue those variances described in § 35.55(C)(2) through (C)(6), and may do a preliminary review with the excluded person of the need for an additional variance and may issue a general variance pursuant to the process described in § 35.55(C).
(C) The notice of exclusion shall be in writing and a copy delivered to the excluded person. The notice of exclusion shall specify the following:
(1) The area designated as a prostitution-exclusion zone in § 35.57 from which that person is excluded; and
(2) Information concerning the right to appeal the exclusion to the appeals official.
(Ord. O-2006-28, passed 10-3-06)