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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Trees, Weeds and Grasses
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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533.08 PROCURING; ENGAGEMENT IN SEXUAL ACTIVITY FOR HIRE.
   (a)   Procuring.
      (1)   No person, knowingly and for gain, shall do either of the following:
         A.   Entice or solicit another to patronize a prostitute or brothel;
         B.   Procure a prostitute for another to patronize, or take or direct another at the other's request to any place for the purpose of patronizing a prostitute.
      (2)   No person, having authority or responsibility over the use of premises, shall knowingly permit the premises to be used for the purpose of engaging in sexual activity for hire.
      (3)   Whoever violates division (a)(1)A. or (a)(1)B. of this section is guilty of procuring. Except as otherwise provided in this division, procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized, or otherwise involved in a violation of division (a)(1)B. of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (a)(1)B. of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of division (a)(2) of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (a)(2) of this section knows the prostitute’s age, procuring is a felony to be prosecuted under appropriate state law.
(R.C. § 2907.23)
   (b)   Engagement in sexual activity for hire.
      (1)   As used in this division (b):
         A.   “Person with a developmental disability.” Has the same meaning as in R.C. § 2905.32.
         B.   “Sexual activity for hire.” An implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
      (2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
      (3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.
      (4)   Whoever violates division (b)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates division (b)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing an offender under this division for a violation of division (b)(2) of this section, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person. Notwithstanding the fine specified in R.C. § 2929.28(A)(2)(a) for a misdemeanor of the first degree, in sentencing an offender under this division for a violation of division (b)(2) of this section, the court may impose upon the offender a fine of not more than $1,500.
(R.C. § 2907.231)
533.09 SOLICITING.
   (a)   No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (a) of this section.
   (c)   As used in division (a) of this section, “sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.
   (d)   (1)   Whoever violates division (a) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.
      (2)   Whoever violates division (b) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.24)
Statutory reference:
   Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
533.095 LOITERING TO ENGAGE IN SOLICITATION.
   (a)   No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
      (1)   Beckon to, stop or attempt to stop another;
      (2)   Engage or attempt to engage another in conversation;
      (3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
      (4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
      (5)   Interfere with the free passage of another.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (a) of this section.
   (c)   As used in division (a) of this section:
      (1)   “Public place” means any of the following:
         A.   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.
         B.   A doorway or entrance way to a building that fronts on a place described in division (1)A. of this definition.
         C.   A place not described in division (1)A. or (1)B. of this definition that is open to the public.
      (2)   “Vehicle” has the same meaning as in Ohio R.C. 4501.01.
   (d)   (1)   Whoever violates this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.
      (2)   Whoever violates division (b) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.241)
Statutory reference:
   Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
533.10 PROSTITUTION.
   (a)   No person shall engage in sexual activity for hire.
   (b)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.
   (c)   (1)   Whoever violates division (a) of this section is guilty of prostitution, a misdemeanor of the third degree.
      (2)   Whoever violates division (b) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.
(R.C. § 2907.25)
Statutory reference:
   Testing offenders for venereal disease and AIDS, see Ohio R.C. 2907.27
533.11 UNLAWFUL EXHIBITION OR DISPLAY OF MATERIAL HARMFUL TO JUVENILES.
   (a)   No person, having custody, control or supervision of any business or commercial establishment or premises, with knowledge of the character of the material involved, shall do any of the following:
      (1)   Allow, permit or fail to prevent any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on such premises if in that part of the premises where the juvenile is or may be allowed, permitted or invited as part of the general public, or otherwise, there is visibly displayed all or any part of a book, magazine, newspaper or other form of any material which is either of the following: harmful to juveniles, when taken as a whole; or contains on its cover, package, wrapping or within the advertisements therefor, depictions or photographs of sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals;
      (2)   Visibly display, exhibit or otherwise expose to view, all or any part of such material in any business or commercial establishment where juveniles, as part of the general public or otherwise, are, or will probably be, exposed to view all or any part of such material from any public or private place; or
      (3)   Hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place, any juvenile under circumstances which would cause, lead or allow such juvenile to engage in the business or activity of selling, distributing, disseminating or otherwise dealing or handling such material, either to or for adults or juveniles.
   (b)   The following are affirmative defenses to a charge under this section, involving material or a performance which is harmful to juveniles:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time the material or performance was presented to him or her, was accompanied by his or her parent or guardian who, with knowledge of its character, consented tot he material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or his or her agent or employee a draft card, driver's license, birth certificate, marriage license or other official or apparently official document purporting to show that such juvenile was eighteen years of age or older or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
      (4)   It is an affirmative defense to a charge under this section, involving material or a performance which is harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergy man, prosecutor, judge or other proper person.
   (c)   Whoever violates divisions (a)(1) or (2) hereof is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (a)(3) hereof is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree.
(Ord. 81-273. Passed 12-7-81.)
533.12 PANDERING OBSCENITY. (REPEALED)
   (EDITOR'S NOTE: Section 533.12 was repealed as part of the 1998 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2907.32) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)
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