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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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533.16 SEPARABILITY.
   The provisions of this chapter are separable and if any provision, section, clause or part thereof is held to be illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts thereof, or their application to other persons or circumstances. It is hereby declared to be the intention of Council that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, section or part had not been included herein, and if the person or circumstance to which this chapter or any part hereof is inapplicable had been specifically exempted herefrom.
(Ord. 81-273. Passed 12-7-81.)
533.17 DECLARATORY JUDGMENT.
   (a)   Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to Ohio R.C. Chapter 2721, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles:
      (1)   The chief legal officer of the Municipality if and when there is reasonable cause to believe that Ohio R.C. 2907.31 or Ohio R.C. 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated;
      (2)   Any person who, pursuant to Ohio R.C. 2907.35(B) or a substantially equivalent municipal ordinance, has received notice in writing from the chief legal officer stating that particular materials or performances are obscene or harmful to juveniles.
   (b)   Any party to an action for a declaratory judgment pursuant to division (a) of this section is entitled, upon the party's request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.
   (c)   An action for a declaratory judgement pursuant to division (a) of this section shall not be brought during the pendency of any civil action or criminal prosecution when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies:
      (1)   Either of the parties to the action for a declaratory judgment is a party to the pending case;
      (2)   A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved.
   (d)   A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment.
   (e)   The fact that a violation of Ohio R.C. 2907.31 or Ohio R.C. 2907.32, or a substantially equivalent municipal ordinance, occurs prior to a judicial determination of the character of the material or performance involved in the violation does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination.
(ORC 2907.36)
533.18 INJUNCTION; ABATEMENT OF NUISANCE.
   (a)   Where it appears that Ohio R.C. 2907.31 or Ohio R.C. 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated, the chief legal officer of the Municipality may bring an action to enjoin the violation. The defendant, upon his or her request, is entitled to trial on the merits within five days after the joinder of the issues, and the court shall render judgment within five days after the trial is concluded.
   (b)   Premises used or occupied for repeated violations of Ohio R.C. 2907.31 or Ohio R.C. 2907.32, or a substantially equivalent municipal ordinance, constitute a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.
(ORC 2907.37)
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