§ 10-79. Application for administrative waiver.

(a)

At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the city manager for a limited waiver of some or all of the effects of the exclusion for good reason. If the city manager grants a waiver under this section, the city manager shall promptly notify the police chief, as applicable, of such action.

(b)

In exercising discretion under this section, the city manager shall consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be in the public place during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (without regard to the content of any speech associated with that event), and any other criterion the city manager determines to be relevant to the determination of whether or not to grant a waiver. Notwithstanding the granting of a waiver under this section, the period of waiver will be included for purposes of calculating the appropriate length of exclusion.

(c)

The decision of the city manager to grant or deny a waiver, in whole or in part, under this section is committed to the sole discretion of the city manager and is not subject to appeal or review by the city.

(Ord. No. 2014-28, § 2, 5-13-14)