§ 10-75. Enforcement and exclusion.

(a)

An ejectment and exclusion issued under the provisions of this chapter shall be for the following timeframes:

(1)

For a misdemeanor offence not involving violence against any person, use or possession of any illegal drug or sex offenses, and any public nuisance behavior, a period of time not to exceed ninety (90) days. In addition, if the person to be excluded has been excluded from any public place at any time within two (2) years before the date of the present exclusion, the exclusion shall also be for not less than ninety (90) days.

(2)

For any felony, or offense involving violence against a person, use or possession of any illegal drug or sex offense, a period of time not less than ninety (90) days, but not more than one hundred eighty (180) days. In addition, if the person to be excluded has been excluded from one or more public places on two or more occasions within two years before the date of the present exclusion, the exclusion shall also be for not less than one hundred eighty (180) days.

(3)

Nothing herein precludes a no-contact condition of pretrial release or probation condition which operates to exclude the individual from specified public properties.

(b)

If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal (or pending judicial review, should a court stay the exclusion), the stay of the exclusion shall be counted in determining the appropriate length of the subsequent exclusion. If the previous exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the previous exclusion had not been issued. If multiple exclusions issued to a single person for one public place are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively.

(Ord. No. 2014-28, § 2, 5-13-14)