(a) No person shall keep, set up, maintain, operate, allow to be operated, or be in control of any place, structure, building or conveyance for the purpose of the possession, use or sale of narcotics, hallucinogens, dangerous drugs, illegal drugs, drugs of abuse, or the unlawful possession of instruments for the administration of drugs.
(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 the commission of a felony drug abuse offense.
(c) No person, being the owner of premises of any kind, or an agent of the owner shall rent or lease premises to a lessee or any person when the owner or agent has knowledge that the lessee or another person intends to use or occupy the premises to commit a drug offense under any provision of Ohio R.C. Chapter 2925 or 3719.
(d) 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 offense under any provisions of Ohio R.C. Chapters 2925 and 3719, after the receipt of written notice from a law enforcement officer that a controlled substance as defined in Ohio R.C. Chapter 3719, has been possessed, used, seized, sold, manufactured on the premises. In multiple unit dwellings, including hotels or motels the notice provided for in this section shall state the names of the parties and the specific unit involved.
(e) Land or premises used in violation of subsections (a), (b) or (c), where a felony violation of Ohio R.C. Chapter 2925 or 3719 occurs, are hereby declared to be a public nuisance subject to the abatement under Ohio R.C. Chapter 3767.
(f) Subsection (a) hereof shall not apply if the offender has been previously convicted of a drug abuse offense, as defined in Ohio R.C. 2925.01(H) and that fact is alleged in the indictment or complaint.
(g) Whoever violates subsection (a), (b) or (c) hereof is guilty of a misdemeanor of the first degree. The Court shall impose at least thirty days imprisonment, which is mandatory.
(h) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the third degree. Upon a second conviction under subsection (d) hereof, the Court shall impose at least ten days imprisonment, which is mandatory. Upon third and subsequent convictions under subsection (d), the Court shall impose at least thirty days imprisonment, which is mandatory.
(Ord. 90-9. Passed 11-3-90.)