(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)