§ 130.19 TYPES OF PROCEEDINGS.

   (A)   In rem proceedings.

      (1)   Upon filing of an application for attachment authorized in this division (A), the applicable police agency shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the township who is known or believed by the police agency to have any of the following interests in material named in the complaint:

         (a)   The publisher;

         (b)   The wholesaler, distributor, circulator; and

         (c)   Every retailer or dealer who has, or may have possession of any material identical to material named in the complaint.

      (2)   The owner of the property shall be entitled to a prompt trial of the issue and shall be entitled to a jury trial upon request.

      (3)   The attachment proceedings shall comply with all requirements of law including but not limited to the seizure of materials alleged to be obscene.

   (B)   Declaratory judgment.

      (1)   Any person receiving notice in writing from the township attorney under § 130.18 that a specified activity is obscene may bring action against the township in the Circuit Court for the county for a declaratory judgment to determine whether the activity is obscene.

      (2)   If it is adjudged and declared by the court that the activity is obscene, then the township attorney may cause the publication of the judgment in a newspaper of general circulation in the township, and upon the publication, all persons residing or doing business in the township will be presumed to have actual notice of the nature of the activity.

   (C)   Criminal charges; violation of § 130.17. The township attorney may cause criminal charges to be brought against any person engaging in or who has engaged in any prohibited activity in violation of § 130.17.

   (D)   Injunction.

      (1)   The township attorney may seek a restraining order in the circuit court for the county in order to enjoin any prohibited activity in violation of § 130.17.

      (2)   If the township attorney has given written notice pursuant to § 130.18, he or she may after the passage of seven judicial days seek a temporary restraining order.

      (3)   A judicial hearing on a request for the order shall be promptly held.

   (E)   Proceedings in addition. Proceedings authorized by this section shall be in addition to any others provided by law.

(Ord. 98-06.1, passed - -1998)