§ 130.24 NOTICE ISSUANCE; PROCEDURE.
   (A)   Issuance of exclusion notices. The Chief of Police and his or her designees are the persons in charge of the public rights-of-way in the prostitution-exclusion zones for purposes of issuing notices of exclusion in accordance with this subchapter.
   (B)   Procedure.
      (1)   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 § 130.23(A) within a prostitution-exclusion zone.
      (2)   Every person excluded shall be provided with a notice of exclusion and variances.
      (3)   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 § 130.25(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 § 130.25(C).
      (3)   The notice of exclusion shall be in writing and copy delivered to the excluded person. The notice of exclusion shall specify the following:
         (a)   The area designated as a prostitution-exclusion zone in § 130.21 which that person is excluded; and
         (b)   Information concerning the right to appeal the exclusion to the appeals official.
(Ord. passed - -2006)
Statutory reference:
   Related provisions, see G.S. § 15A-511(c)