10.125.020 Effect of citation; contents; hearing; Court’s order; use of statements made at hearing
A. A citation shall notify the respondent of a Municipal Court hearing where the respondent shall appear at the place and time set forth in the citation.
B. The hearing shall be held as indicated in the citation. At the hearing, the respondent shall be given the opportunity to show cause for why a Court’s expulsion order should not be entered. The hearing may be continued for up to 30 days. The Court may enter:
1. A temporary expulsion order pending further proceedings; or
2. A Court’s expulsion order if the Court finds by a preponderance of the evidence that:
a. The person intentionally, knowingly or recklessly engages in repeated failure to appear in Court three (3) or more times within a twelve (12) month period after having received personal service of summons, citation or been released from the jail with an order or agreement for appearance to respond to criminal or code violation citations requiring a court appearance.
3. In the order, the Court shall specify the conduct from which the respondent is to refrain, which may include physical presence within an enhanced law enforcement area defined in AMC 120.020.01(B) or other area of the City of Ashland the court deems materially related to the person’s crimes or violations or the protection of the public except to:
a. Specifically address the remedy for the violation; and/or
b. Travel to and from the person’s place of employment, educational facility, public offices, physical or mental health treatment facility, or other areas that the court deems materially related to the person’s crimes or violations, the needs of the person, or the protection of the public.
C. The order is of unlimited duration unless limited by law, but not to exceed one year.
D. If the respondent fails to appear at the time, date and place specified in the citation, the Municipal Court shall issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent at Court and shall enter a Court expulsion order, unless the Court finds there is reasonable cause to do otherwise.
E. Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for persistent violation as defined in AMC 10.120.020 or for violating a Court’s expulsion order as defined therein. (Ord. 3066, added, 06/19/2012)