(a) No person, being the owner, operator or person in charge of a locomotive, watercraft, aircraft or other vehicle as defined in Ohio R.C. 4501.01 (A), shall knowingly permit such vehicle to be used for commission of a felony drug abuse offense.
(b) No person, being the owner, lessee or occupant, or having custody, control or supervision of premises, or real estate, including vacant land, shall knowingly permit premises, or real estate, including vacant land, to be used for commission of a felony drug abuse offense by another person.
(c) No person, being the owner, lessee, occupant or having custody, control, or supervision of premises or real estate, including vacant land, shall recklessly permit the premises to be used for the commission of a drug trafficking offense under any provision of this chapter or Ohio R.C. Chapter 2925 or 3719 after the receipt of written notice from a law enforcement officer that a drug trafficking offense under any provision of this chapter or Ohio R.C. Chapter 2925 or 3719 has previously occurred on the premises, or real estate. In multiple unit dwellings, including hotel or motels, the notice provided for in this division shall state the names of the parties and the specific unit involved.
The notice required by this subsection shall be delivered by certified mail, restricted delivery and return receipt requested, or if the certified mailing fails to result in delivery of the notice by personal service. The notice required by this subsection shall identify the sender, identify the nature of the drug activity occurring on the premises and bear the date of such notice.
It shall be prima facie evidence that the owner or lessor did not recklessly permit the premises to be used for the commission of a drug trafficking offense on the premises if:
(1) The owner or lessor has begun the process of evicting the person or persons committing the drug offense, including sending a notice of eviction; or
(2) The owner or lessor has identified for the police in writing and in a timely manner after receipt of the notice required by this division of the steps that the owner or lessor has commenced to prevent the commission of additional drug trafficking offenses on the premises.
This subsection (c) shall not apply to any owner or lessor who has filed an action or forcible entry and detainer to remove a lessee or occupant from the premises.
(d) Premises or real estate, including vacant land, used in violation of subsections (b) or (c) and where a felony violation of Ohio R.C. Chapter 2925 or 3719 occurs constitute a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.
(e) Vehicles used in violation of subsection (a) hereof shall be seized and forfeited to the City, upon motion for the Common Pleas Court. Forfeiture shall not apply to common carriers or innocent owners, nor shall they affect the rights of a holder of a valid lien.
(f) Whoever violated subsection (a) or (b) is guilty of permitting drug abuse, a misdemeanor of the first degree, if the offender has not previously been convicted of a drug abuse offense. Notwithstanding any other section of this Code, at least thirty days imprisonment is mandatory upon conviction of an offense under this subsection.
(g) Whoever violates subsection (c) of this section is guilty of recklessly permitting drug abuse, a misdemeanor of the third degree. Notwithstanding any other section of this Code, at least ten days imprisonment is mandatory upon conviction of a second offense under this subsection and at least thirty days imprisonment is mandatory upon conviction of a third or subsequent offense under this subsection.
(Ord. 2635. Passed 9-18-91.)