Loading...
Any person publishing or involved in the sale of material as defined in Section 619.01(b)(2) shall first obtain a license from the office of the Division of Assessments and Licenses. The license shall be prominently displayed and show the ownership of and the principal officers of the corporation or company, as well as the addresses of the owners or officers of the company or corporation; further, upon change of ownership or corporate structure, the license shall be required to be renewed showing new information as to corporate or company status. The license fee shall be fifty dollars ($50.00) per each application.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall solicit another to engage such other person in sexual activity for hire.
(b) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to, attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage in sexual activity for hire contrary to Section 619.09 of the Codified Ordinances.
(c) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall knowingly obtain, possess, or use a controlled substance contrary to Section 607.03.
(d) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to, attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage in any drug abuse offense contrary to Chapter 607 of the Codified Ordinances.
(e) Any vehicle that has been used on two (2) occasions in the commission of one (1) or any combination of the offenses defined in divisions (a), (b), (c) or (d) of this section, for which convictions have been entered in the court’s journal, without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby declared to be a nuisance, and its contents, if any, are also hereby declared to be a nuisance. Any vehicle that constitutes a nuisance under this division and its contents may be abated as provided in Section 619.25.
(f) Whoever violates divisions (a), (b), (c ) or (d) of this section is guilty of a misdemeanor of the first degree. The sentencing court shall sentence the offender to a mandatory term of imprisonment of not less than three (3) days on the first offense, not less than ten (10) days on the second offense, and not less than thirty (30) days on the third or any subsequent offense, and may sentence the offender to a longer term of imprisonment. In addition, the sentencing court may impose a fine not exceeding one thousand dollars ($1,000.00).
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
(a) Any vehicle, boat, aircraft, building or place that has been used on two (2) occasions in the commission of one (1) or any combination of the following offenses, for which convictions have been entered in the court’s journal, without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby declared to be a nuisance:
Pertaining to Prostitution:
(1) Procuring, Section 619.08;
(2) Soliciting, Section 619.09;
(3) Prostitution, Section 619.10;
(4) Use of a Vehicle to Solicit a Person to engage in Prostitution or a Drug Offense Prohibited, Section 619.23.
Pertaining to Drugs:
(5) Drug Abuse: Controlled Substance Possession or Use, Section 607.03;
(6) Possessing Drug Abuse Instruments, Section 607.04;
(7) Permitting Drug Abuse, Section 607.05;
(8) Possession, Manufacture and Sale of Drug Paraphernalia, Section 607.17.
Pertaining to Liquor:
(9) Permit Required, Section 617.05.
Pertaining to Gambling:
(10) Gambling, Section 611.02;
(11) Operating a Gambling House, Section 611.05;
(12) Public Gaming, Section 611.06.
(b) Any building, vehicle, boat, aircraft, or place that constitutes a nuisance as defined in division (a) and all of the contents of the same, if any, may be abated as provided in Section 619.25.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)
(a) Nature of Action. The Director of Law may file an action in rem to abate any nuisance as defined by Section 619.24. The standard of proof shall be by a preponderance of the evidence. This action may be brought as a separate action or concurrently with any other action available at law or in equity to enjoin and/or abate the nuisance including, without limitation, an action authorized by RC Chapter 3767 or other actions authorized by these Codified Ordinances.
(b) Notice and Opportunity to Be Heard. Prior to the issuance of an order under this section, a reasonably diligent search shall be conducted of the public records that relate to the property that is the subject of an abatement action to identify the owner, lienholder, and any other person with an ownership interest in the property. Such persons shall be sent notice by certified mail, return receipt requested, or shall be personally served, and shall be granted an opportunity to be heard by the court.
(c) Innocent Owners or Lienholders. No abatement order shall be issued pursuant to this section if an owner or lienholder or other person with an ownership interest in the property that is the subject of an abatement action establishes to the court, by a preponderance of evidence after filing a motion with the court, that the owner, lienholder or other person neither knew nor should have known after a reasonable inquiry that the property would be used, or likely would be used or involved in the commission of a criminal offense, and further that the owner, lienholder or other person with an ownership interest in the property did not expressly or impliedly consent to the use or involvement of the property in the violation, and that the lien or ownership interest was perfected pursuant to law prior to the existence of the nuisance.
(d) Family Hardship. A family or household member of the person who is the owner of property used to maintain a nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of abatement and sale of the property will create an undue hardship on the family or household member. If the court determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member filing the motion, and if the court further finds that the moving party has not in any previous case benefited from a finding of family hardship relative to the property at issue, no order of abatement shall issue. As used in this section, “family or household member” means the spouse, brother, sister or child of the person who is the owner of property used to maintain a nuisance.
(e) Order of Abatement. If the existence of a nuisance is established, an order of abatement as described in this division shall be entered as a part of the judgment in the case.
If the property involved in the abatement action is a building or other place, it shall be ordered closed and kept closed for a period of one (1) year, unless sooner released by the court. The contents and fixtures of such a building or other place shall be given to an agency identified by the Director of Law, which may be a battered women’s shelter or similar agency, if the agency desires to have it, or if it does not, the same shall be sold at public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of this section.
If the property involved in the abatement action is a vehicle, boat or aircraft, the same shall be given to a battered women’s shelter or similar agency identified by the Director of Law, if the agency desires to have it, or if it does not, the same sold at public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of this section.
The court may order any person in charge of personalty that is subject to sale under this division to present the same at a time and place directed by the court for the purpose of conducting its sale. In addition, the court may authorize any law enforcement agency to seize such personalty.
In identifying an agency to receive the property or the proceeds from the sale of the property as provided in this section, the Director of Law shall confer with the council member representing the community in which the criminal activity that gave rise to the nuisance occurred, and where possible, the agency selected will be one that serves that community.
(f) Use of Closed Building. Any person who uses a building or place ordered closed in accordance with division (e) of this section, with knowledge that such building or place has been ordered closed, shall be guilty of a misdemeanor of the fourth degree.
(g) Sale of Property, Costs and Liens. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided in this section, the person executing the order of the court shall, after deducting the expenses of keeping such property and costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the lienholder having any notice that such property was being used or was to be used for the maintenance of a nuisance as herein defined, and shall pay the balance to a battered women’s shelter or similar agency identified by the Director of Law.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)