(a) In Rem Proceedings.
(1) The Chief of Police may apply to the City Prosecutor to institute an attachment proceeding against any material which is alleged to be obscene in a sworn affidavit.
(2) Upon filing of an application for attachment authorized in subsection (a)(1) hereof, the Chief shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the City who is known or believed by the Chief to have any of the following interests in material named in the complaint:
A. The publisher;
B. The wholesaler, distributor, circulator;
C. Every retailer or dealer who has, or may have, possession of any material identical to material named in the complaint.
(3) Trial shall be held no later than the fourth judicial day following the filing for attachment. No trial under this section shall be continued or otherwise postponed more than one (1) judicial day, but may be conducted by a judge pro tempore in the event of unavailability of the trial judge.
(b) Declaratory Judgment.
(1) Any person receiving notice in writing from the City Prosecutor under Section 619.18 that a specified activity is obscene may bring action against the City for a declaratory judgment to determine whether such activity is obscene.
(2) If it is adjudged and declared by the court that such activity is obscene, then the City Prosecutor may cause the publication of such judgment in a newspaper of general circulation in the City. Upon such publication all persons residing or doing business in the City will be presumed to have actual notice of the nature of the activity.
(c) Criminal Prosecution.
(1) The City Prosecutor may cause criminal charges to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of Section 619.17(a), (c) and (e).
(2) If the City Prosecutor has given notice pursuant to Section 619.18, then such criminal charges may be brought only after three (3) judicial days after receipt of notice.
(d) Injunction.
(1) The City Prosecutor may seek a temporary restraining order in the Cleveland Municipal Court in order to enjoin any obscene performance or the service of patrons in violation of Section 619.17.
(2) If the City Prosecutor has given written notice pursuant to Section 619.18(a), he or she may after the passage of three (3) judicial days seek such a temporary restraining order.
(3) A judicial hearing on a request for such order must be granted within three (3) judicial days, and if the temporary restraining order is issued, a trial on the issue of the obscenity of the activity must be commenced within ten (10) days of the issuance of the temporary restraining order. Such trial is not to be postponed, stayed or adjourned by the Municipal Court for more than two (2) judicial days, but it may be conducted by a judge pro tempore if no trial judge is available.
(e) Proceedings authorized by this section shall be in addition to any others provided by law.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)