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Elyria Overview
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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533.10 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.)
533.13 DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.
   (a)   No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he or she is the parent, guardian, or spouse of the juvenile.
      (2)   Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 years of age or over or married.
   (b)   No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
      (1)   Falsely represent that he or she is 18 years of age or over or married.
      (2)   Exhibit any identification or document purporting to show that he or she is 18 years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (b) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.
(ORC 2907.33)
533.14 UNLAWFUL EXHIBITION OF HARMFUL PERFORMANCES AT OUTDOOR THEATERS.
   (a)   No person, having custody, control or supervision of any outdoor or drive-in motion picture theater or arena, with knowledge of the character of the performance involved, shall knowingly present, or participate in presenting, the exhibition of a performance which is harmful to juveniles upon any outdoor or drive-in motion picture theater or arena screen, when such screen is visible and the performance is visibly displayed, from a distance of less than 2,000 feet, from a public street, sidewalk, park, alley, residence, playground, school or other such place to which juveniles, as part of the general public or otherwise, have unrestrained and reasonably anticipated access and presence, except between the hours of 11:00 p.m. and 6:00 a.m. of the following day, inclusive.
(Ord. 81-273. Passed 12-7-81.)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
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