§ 607.05  Permitting Drug Abuse
   (a)   No person who is the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicle as defined in division (A) of RC 4501.01, shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.
   (b)   No person who is the owner, lessee, or occupant, or who has 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 by another person.
(RC 2925.13)
   (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 RC 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 RC Chapter 2925 or 3719 has previously occurred on the premises, or real estate. In multiple unit dwellings, including hotels 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 division 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 division 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 division (c) shall not apply to any owner or lessor who has filed an action for 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 division (b) or (c) of this section and where a felony violation of RC Chapter 2925 or 3719 occurs constitute a nuisance subject to abatement pursuant to RC Chapter 3767.
   (e)   Vehicles used in violation of division (a) hereof shall be seized and forfeited to the City, upon motion to 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 violates divisions (a) or (b) of this section 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 (30) days imprisonment is mandatory upon conviction of an offense under this division.
   (g)   Whoever violates division (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 (10) days imprisonment is mandatory upon conviction of a second offense under this division and at least thirty (30) days imprisonment is mandatory upon conviction of a third or subsequent offense under this division.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)