(A) Actual notice of the obscene nature of the material, performance or activity may be given to a person involved in or responsible for such from the township attorney on the basis of information lawfully gathered and supplied to him or her by the state police, the County Sheriff’s Department, other official police agency or citizens.
(B) The notice shall be in writing and delivered by mail or in person to the alleged offender.
(C) The notice shall state that:
(1) In the opinion of the township attorney, the activity engaged in falls within the prohibitions of § 130.17;
(2) If the activity has not ceased within seven judicial days the township will take appropriate legal action; and
(3) A declaratory judgment proceeding as described in § 130.19 is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is in fact obscene.
(D) The foregoing division (C) is permissive only and the failure to give the notice shall in no way affect the right to pursue any other remedy provided by law.
(Ord. 98-06.1, passed - -1998)