533.091 LOITERING TO ENGAGE IN SOLICITATION - SOLICITATION AFTER POSITIVE HIV TEST.

   (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 in 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 subsection (a) hereof.

   (c)   As used in this section:

      (1)   “Vehicle” has the same meaning as in Ohio R.C. 4501.01.

      (2)   “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 subsection (c)(2)A. hereof;

         C.   A place not described in subsection (c)(2)A. or B. hereof that is open to the public.

   (d)   (1)   Whoever violates subsection (a) hereof is guilty of loitering to engage in solicitation, a misdemeanor of the first degree.

      (2)   Whoever violates subsection (b) hereof is guilty of loitering to engage in solicitation after a positive HIV test. If the offender commits the violation prior to July 1, 1996, loitering to engage in solicitation after a positive HIV test is a felony of the fourth degree. If the offender commits the violation on or after July 1, 1996, loitering to engage in solicitation after a positive HIV test is a felony of the fifth degree.

   (e)   In addition to or independent of all other penalties imposed for the violation, an order of impound or immobilization shall be issued for any vehicle, motor vehicle, motorcycle, motorized bicycle, truck, or bus used for the purpose of soliciting, or used by or kept for the use of prostitutes. Upon conviction for a first offense, the vehicle shall be impounded or immobilized for a minimum of fifteen (15) days and a maximum of thirty (30) days. Upon second and subsequent convictions the vehicle shall be impounded or immobilized for a minimum of thirty (30) days and a maximum of sixty (60) days, and not withstanding any other section of these Codified Ordinances, the court shall impose a fine of not less than two hundred and fifty dollars ($250.00) upon conviction of an offense under subsection (a) hereof.

(Ord. 2008-8-97. Passed 8-13-08.)