CROSS REFERENCES
See sectional histories for similar State law.
Complicity, CO 601.09
Offensive conduct, CO 605.03
Telephone harassment, CO 621.11
Criminal trespass, CO 623.04
(a) As used in Sections 619.01 to 619.19:
(1) "Sexual conduct" means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttocks, pubic region or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(3) "Sexual activity" means sexual conduct or sexual contact, or both.
(4) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(5) Any material or performance is "harmful to juveniles" if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
A. It tends to appeal to the prurient interest of juveniles;
B. It contains a display, description or representation of sexual activity, masturbation, sexual excitement, or nudity;
C. It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;
D. It contains a display, description or representation of human bodily functions of elimination;
E. It makes repeated use of foul language;
F. It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment, destruction or death of a human being;
G. It contains a display, description or representation of criminal activity which tends to glorify or glamorize such activity, and which, with respect to juveniles, has a dominant tendency to corrupt.
(6) When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to such group, any material or performance is "obscene" if any of the following apply:
A. Its dominant appeal is to prurient interest;
B. Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way which tends to represent human beings as mere objects of sexual appetite;
C. Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
D. Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;
E. It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
F. When taken as a whole, it lacks serious literary, artistic, political or scientific value.
(7) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(8) "Nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(9) "Nudity-oriented material" means any material that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.
(10) "Juveniles or minors" means an unmarried person under the age of eighteen.
(11) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record or tape or other tangible thing capable of arousing interest through sight, sound or touch.
(12) "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience. (RC 2907.01)
(13) "Knowledge of character" means having general knowledge or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
(b) As used in Sections 619.17 to 619.19:
(1) "Obscene" means that to the average person applying contemporary community standards:
A. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity or excretion;
B. The matter depicts or describes in a patently offensive manner sexual conduct;
C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2) "Material" means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
(3) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(4) "Disseminate" means to transfer possession of, with or without consideration.
(5) "Knowingly" means being aware of the character and the content of the material.
(6) "Nudity" means the showing of the human male or female genitals or pubic area with less than fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
(7) "Performance" means any preview, play, show, skit, film, dance or other exhibition performed before an audience.
(8) "Available to the public" means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
(9) "Service to patrons" means the provision of services to paying guests in establishments providing food and beverages; including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing and entertaining.
(10) "Promote" means to cause, permit, procure, counsel or assist.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) An owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business:
(1) Possesses five or more identical or substantially similar obscene articles, having knowledge of their character, is presumed to possess them in violation of Section 619.17(e).
(2) Does any of the acts prohibited by Section 619.12 or 619.17 is presumed to have knowledge of the character of the material or performance involved, if he has actual notice of the nature of such material or performance, whether or not he has precise knowledge of its contents.
(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
(RC 2907.35; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, eighteen years of age or older, shall engage in sexual conduct with another, not the spouse of the offender, when the offender knows such other person is over twelve but not over fifteen years of age, or the offender is reckless in that regard.
(b) This section shall not apply if the offender is four or more years older than the other person.
(c) Whoever violates this section is guilty of corrupting a minor, a misdemeanor of the first degree.
(RC 2907.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
(2) The offender knows that the other person's or one of the other person's ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person or one of the other persons submits because of being unaware of the sexual contact.
(4) The other person or one of the other persons is over twelve but not over fifteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
(b) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree.
(RC 2907.06; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person shall solicit a person under thirteen years of age to engage in sexual activity with the offender, whether or not the offender knows the age of such person.
(b) No person shall solicit a person of the same sex to engage in sexual activity with the offender, when the offender knows such solicitation is offensive to the other person, or is reckless in that regard.
(c) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, and the other person is over twelve but not over fifteen years of age, whether or not the offender knows the age of the other person.
(d) Whoever violates this section is guilty of importuning. Violation of subsection (a) or (b) hereof is a misdemeanor of the first degree. Violation of subsection (c) hereof is a misdemeanor of the fourth degree.
(RC 2907.07; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(b) Whoever violates this section is guilty of voyeurism, a misdemeanor of the third degree.
(RC 2907.08; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation.
(b) Whoever violates this section is guilty of public indecency. If the offender previously has not been convicted of or pleaded guilty to a violation of this section, public indecency is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, public indecency is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, public indecency is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, public indecency is a misdemeanor of the first degree.
(RC 2907.09; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person, knowingly and for gain, shall do either of the following:
(1) Entice or solicit another to patronize a prostitute or brothel;
(2) Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
(b) No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
(c) Whoever violates this section is guilty of procuring, a misdemeanor of the first degree. (RC 2907.23) Notwithstanding any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
(a) No person shall solicit another to engage with such other person in sexual activity for hire. This section forbids the solicitations of paid sexual activity, whether the solicitor is the one buying or selling his or her favors. (RC 2907.24)
(b) Whoever violates the provisions of this section is guilty of soliciting, a misdemeanor of the first degree. Notwithstanding any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
(a) No person shall engage in sexual activity for hire. (RC 2907.25)
(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the first degree. Notwithstanding any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
(a) For the purposes of this section:
(1) "Public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
(2) "Known prostitute or panderer" means a person who, within a year previous to the date of arrest for a violation of this section, has, within the knowledge of the arresting officer been convicted of violating this section or any other section of the Codified Ordinances or the Revised Code relating to prostitution, solicitation or procurement.
(b) No person shall remain or wander about in a public place and repeatedly beckon to, or repeatedly attempt to engage passersby in conversation, or repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free passage of other persons, for the purpose of engaging in, soliciting or procuring sexual activity for hire. The circumstances which may be considered in determining whether such purpose is manifested are: That such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.
(c) Whoever violates this section is guilty of loitering for the purpose of engaging in, soliciting or procuring sexual activity for hire, a misdemeanor of the first degree. Notwithstanding any other section of this Code a fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of an offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
(a) No person, with knowledge of its character or content, shall recklessly do any of the following:
(1) Sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or performance that is obscene or harmful to juveniles;
(2) Offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or performance that is obscene or harmful to juveniles;
(3) Allow any juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
(b) The following are affirmative defenses to a charge under this section, that involves material or a performance that is harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time of the conduct in question, was accompanied by his parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that such juvenile was eighteen years of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
(c) (1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(2) Except as provided in division (b)(3) of this section, mistake of age is not a defense to a charge under this section.
(d) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles but not obscene, violation of this section is a misdemeanor of the first degree.
(RC 2907.31; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he is the parent, guardian, or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under RC Chapter 2151.
(RC 2907.33; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person, with knowledge of the character of the material involved, shall possess or control any obscene material that has a minor as one of its participants.
(b) This section does not apply to any material that is possessed or controlled for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material.
(c) Whoever violates this section is guilty of possession or control of obscene material involving a minor, a misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
(a) No person, with knowledge of the character of the material involved, shall possess or control sexually-oriented material involving a minor.
(b) "Sexually-oriented material involving a minor" means any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
(c) This section does not apply to any material that is possessed or controlled for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material.
(d) Whoever violates this section is guilty of possession or control of sexually-oriented material involving a minor, a misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
(a) No person, with knowledge of the character of the material involved, shall possess or view any nudity-oriented material involving a minor who is not the person's child or ward, unless one of the following applies:
(1) The material is possessed or controlled for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material.
(2) The person knows that the parents, guardian, or custodian has consented in writing to photographing or use of the minor in a state of nudity and to the manner in which the material is used or transferred.
(b) Whoever violates this section is guilty of possession or control of nudity-oriented material involving a minor, a misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
(a) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.
(b) It is not a violation of division (a) of this section if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
(c) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense.
(RC 2907.311; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
No person shall:
(a) Knowingly disseminate, distribute or make available to the public any obscene material;
(b) Knowingly engage or participate in any obscene performance made available to the public;
(c) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal;
(d) Provide service to patrons in such a manner as to expose to public view:
(1) His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(3) Any portion of the female breast at or below the areola thereof.
(e) Knowingly promote the commission of any of the above listed unlawful acts.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
(a) Actual notice of the obscene nature of such material, performance or activity may be given to a person involved in or responsible for such from the City Prosecutor on the basis of information lawfully gathered and supplied to him by the Division of Police or citizens.
(1) Such notice shall be in writing and delivered by mail or in person to the alleged offender.
(2) Such notice shall state that:
A. In the opinion of the City Prosecutor the activity engaged in falls within the prohibitions of Section 619.17.
B. If such activity has not ceased within three judicial days, the City will take appropriate legal action.
C. A declaratory judgment proceeding as described in Section 619.19(b) is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is in fact obscene.
(b) A person who promotes any obscene activity as prohibited in Section 619.17 in the course of his business is presumed to do so with knowledge of its content and character.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
(a) In Rem Proceedings.
(1) The Chief of Police may apply to the City Prosecutor to institute an attachment proceeding against any material which is alleged to be obscene in a sworn affidavit.
(2) Upon filing of an application for attachment authorized in subsection (a)(1) hereof, the Chief shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the City who is known or believed by the Chief to have any of the following interests in material named in the complaint:
A. The publisher;
B. The wholesaler, distributor, circulator;
C. Every retailer or dealer who has, or may have, possession of any material identical to material named in the complaint.
(3) Trial shall be held no later than the fourth judicial day following the filing for attachment. No trial under this section shall be continued or otherwise postponed more than one judicial day, but may be conducted by a judge pro tempore in the event of unavailability of the trial judge.
(b) Declaratory Judgment.
(1) Any person receiving notice in writing from the City Prosecutor under Section 619.18 that a specified activity is obscene may bring action against the City for a declaratory judgment to determine whether such activity is obscene.
(2) If it is adjudged and declared by the court that such activity is obscene, then the City Prosecutor may cause the publication of such judgment in a newspaper of general circulation in the City. Upon such publication all persons residing or doing business in the City will be presumed to have actual notice of the nature of the activity.
(c) Criminal Prosecution.
(1) The City Prosecutor may cause criminal charges to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of Section 619.17(a), (c) and (e).
(2) If the City Prosecutor has given notice pursuant to Section 619.18, then such criminal charges may be brought only after three judicial days after receipt of notice.
(d) Injunction.
(1) The City Prosecutor may seek a temporary restraining order in the Cleveland Municipal Court in order to enjoin any obscene performance or the service of patrons in violation of Section 619.17.
(2) If the City Prosecutor has given written notice pursuant to Section 619.18(a), he may after the passage of three judicial days seek such a temporary restraining order.
(3) A judicial hearing on a request for such order must be granted within three judicial days, and if the temporary restraining order is issued, a trial on the issue of the obscenity of the activity must be commenced within ten days of the issuance of the temporary restraining order. Such trial is not to be postponed, stayed or adjourned by the Municipal Court for more than two judicial days, but it may be conducted by a judge pro tempore if no trial judge is available.
(e) Proceedings authorized by this section shall be in addition to any others provided by law.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
(a) Expert affirmative evidence that the materials or activities are obscene is not required when the materials or activities themselves are presented as evidence.
(b) It shall be an affirmative defense in any prosecution under Section 619.17 that allegedly obscene material was disseminated, or presented for a bona fide scientific, medical, educational, governmental or judicial purpose by a physician, psychologist, teacher, clergyman, prosecutor or judge.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
(a) In an in rem proceeding against sexually explicit material under Section 619.19(a), the court shall, upon a determination by the trier of fact that the material is obscene material, authorize and direct the Chief of Police, pending the exhaustion of all appeals, to destroy the same.
(b) Notwithstanding the provisions of Section 601.99(b), whoever violates Section 619.17 shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000), or imprisoned not less than thirty days and not more than one year, or both. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Any person publishing or involved in the sale of material as defined in Section 619.01(b)(2) shall first obtain a license from the office of the Division of Assessments and Licenses. The license shall be prominently displayed and show the ownership of and the principal officers of the corporation or company, as well as the addresses of the owners or officers of the company or corporation; further, upon change of ownership or corporate structure, the license shall be required to be renewed showing new information as to corporate or company status. The license fee shall be fifty dollars ($50.00) per each application.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall solicit another to engage such other person in sexual activity for hire.
(b) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to, attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage in sexual activity for hire contrary to Section 619.09 of the Codified Ordinances.
(c) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall knowingly obtain, possess, or use a controlled substance contrary to Section 607.03.
(d) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to, attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage in any drug abuse offense contrary to Chapter 607 of the Codified Ordinances.
(e) Any vehicle that has been used on two (2) occasions in the commission of one or any combination of the offenses defined in divisions (a), (b), (c) or (d) of this section, for which convictions have been entered in the court's journal, without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby declared to be a nuisance, and its contents, if any, are also hereby declared to be a nuisance. Any vehicle that constitutes a nuisance under this division and its contents may be abated as provided in Section 619.25.
(f) Whoever violates divisions (a), (b), (c ) or (d) of this Section is guilty of a misdemeanor of the first degree. The sentencing court shall sentence the offender to a mandatory term of imprisonment of not less than three (3) days on the first offense, not less than ten (10) days on the second offense, and not less than thirty (30) days on the third or any subsequent offense, and may sentence the offender to a longer term of imprisonment. In addition, the sentencing court may impose a fine not exceeding one thousand dollars ($1,000.00).
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
(a) Any vehicle, boat, aircraft, building or place that has been used on two (2) occasions in the commission of one or any combination of the following offenses, for which convictions have been entered in the court's journal, without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby declared to be a nuisance:
Pertaining to prostitution
(1) Procuring, Section 619.08
(2) Soliciting, Section 619.09
(3) Prostitution, Section 619.10
(4) Use of a Vehicle to Solicit a Person to engage in Prostitution or a Drug Offense Prohibited, Section 619.23
Pertaining to drugs
(5) Drug Abuse: Controlled Substance Possession or Use, Section 607.03
(6) Possessing Drug Abuse Instruments, Section 607.04
(7) Permitting Drug Abuse, Section 607.05
(8) Possession, Manufacture and Sale of Drug Paraphernalia, Section 607.17
Pertaining to liquor
(9) Permit Required, Section 617.05
Pertaining to gambling
(10) Gambling, Section 611.02
(11) Operating a Gambling House, Section 611.03
(12) Public Gaming. Section 611.04
(b) Any building, vehicle, boat, aircraft, or place that constitutes a nuisance as defined in division (a) and all of the contents of the same, if any, may be abated as provided in Section 619.25.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
(a) Nature of action. The Director of Law may file an action in rem to abate any nuisance as defined by Section 619.24. The standard of proof shall be by a preponderance of the evidence. This action may be brought as a separate action or concurrently with any other action available at law or in equity to enjoin and/or abate the nuisance including, without limitation, an action authorized by Chapter 3767 of the Revised Code or other actions authorized by these Codified Ordinances.
(b) Notice and opportunity to be heard. Prior to the issuance of an order under this section, a reasonably diligent search shall be conducted of the public records that relate to the property that is the subject of an abatement action to identify the owner, lienholder, and any other person with an ownership interest in the property. Such persons shall be sent notice by certified mail, return receipt requested, or shall be personally served, and shall be granted an opportunity to be heard by the court.
(c) Innocent owners or lienholders. No abatement order shall be issued pursuant to this section if an owner or lienholder or other person with an ownership interest in the property that is the subject of an abatement action establishes to the court, by a preponderance of evidence after filing a motion with the court, that the owner, lienholder or other person neither knew nor should have known after a reasonable inquiry that the property would be used, or likely would be used or involved in the commission of a criminal offense, and further that the owner, lienholder or other person with an ownership interest in the property did not expressly or impliedly consent to the use or involvement of the property in the violation, and that the lien or ownership interest was perfected pursuant to law prior to the existence of the nuisance.
(d) Family hardship. A family or household member of the person who is the owner of property used to maintain a nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of abatement and sale of the property will create an undue hardship on the family or household member. If the court determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member filing the motion, and if the court further finds that the moving party has not in any previous case benefited from a finding of family hardship relative to the property at issue, no order of abatement shall issue. As used in this section, "family or household member" means the spouse, brother, sister or child of the person who is the owner of property used to maintain a nuisance.
(e) Order of Abatement. If the existence of a nuisance is established, an order of abatement as described in this division shall be entered as a part of the judgment in the case.
If the property involved in the abatement action is a building or other place, it shall be ordered closed and kept closed for a period of one (1) year, unless sooner released by the court. The contents and fixtures of such a building or other place shall be given to an agency identified by the Director of Law, which may be a battered women's shelter or similar agency, if the agency desires to have it, or if it does not, the same shall be sold at public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of this section.
If the property involved in the abatement action is a vehicle, boat or aircraft, the same shall be given to a battered women's shelter or similar agency identified by the Director of Law, if the agency desires to have it, or if it does not, the same sold at public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of this section.
The court may order any person in charge of personalty that is subject to sale under this division to present the same at a time and place directed by the court for the purpose of conducting its sale. In addition, the court may authorize any law enforcement agency to seize such personalty.
In identifying an agency to receive the property or the proceeds from the sale of the property as provided in this section, the Director of Law shall confer with the council member representing the community in which the criminal activity that gave rise to the nuisance occurred, and where possible, the agency selected will be one that serves that community.
(f) Use of closed building. Any person who uses a building or place ordered closed in accordance with division (e) of this section, with knowledge that such building or place has been ordered closed, shall be guilty of a misdemeanor of the fourth degree.
(g) Sale of property, costs and liens. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided in this section, the person executing the order of the court shall, after deducting the expenses of keeping such property and costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the lienholder having any notice that such property was being used or was to be used for the maintenance of a nuisance as herein defined, and shall pay the balance to a battered women's shelter or similar agency identified by the Director of Law.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)