(a) As used in this section:
(1) “Advertisement” means a message or material intended to cause the sale of realty, goods or services.
(2) “Facsimile device” means a device that electronically or telephonically receives and copies onto paper reasonable reproductions or facsimiles of documents and photographs through connection with a telephone network.
(3) “Pre-existing business relationship” does not include transmitting an advertisement to the owner’s or lessee’s facsimile device.
(b) No person shall transmit an advertisement to a facsimile device unless the person has received prior permission from the owner or, if the device is leased, from the lessee of the device to which the message is to be sent to transmit the advertisement; or the person has a pre-existing business relationship with such owner or lessee.
(c) When requested by the owner or lessee, the transmission shall occur between 7:00 p.m. and 5:00 a.m. This section applies to all such advertisements intended to be so transmitted within the State of Ohio.
(d) Whoever violates this section is guilty of a minor misdemeanor for the first offense. If the offender previously has been convicted of a violation of this section or Ohio R.C. 4931.55 then such person is guilty of a misdemeanor of the first degree.
(Ord. 92-49. Passed 6-15-92.)