(a) No person shall keep, set up, maintain, operate, allow to be operated, or be in control of any place, structure, building or conveyance for the purpose of the possession, use or sale of narcotics, hallucinogens, dangerous drugs, illegal drugs, drugs of abuse or the unlawful possession of instruments for the administration of drugs.
(b) No person, being the owner of premises of any kind or an agent of the owner, shall rent or lease premises to a lessee or any person when the owner or agent has knowledge that the lessee or another person intends to use or occupy the premises to commit a drug offense under any provision of R.C. Chapter 2925 or 3719 or of this chapter.
(c) No person, being the owner, lessee or occupant, or having custody, control or supervision of premises or real estate, including vacant land, shall recklessly permit the premises to be used for the commission of a drug offense under any provision of R.C. Chapter 2925 or 3719 or of this chapter, after the receipt of written notice from a law enforcement officer that a controlled substance, as defined in R.C. Chapter 3719, has been possessed, used, seized, sold or manufactured on the premises. In multiple- unit dwellings, including hotels or motels, the notice provided for in this section shall state the names of the parties and the specific unit involved.
(d) Land or premises used in violation of § 624.06(b) or any of the provisions of this section, where a felony violation of R.C. Chapter 2925 or 3719 occurs, are hereby declared to be a public nuisance subject to abatement under R.C. Chapter 3767.
(e) Division (a) of this section shall not apply if the offender has been previously convicted of a drug abuse offense, as defined in § 624.01, and that fact is alleged in the indictment or complaint.
(f) Whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the first degree. The penalty shall be as provided in § 698.02, except that the court shall impose at least 30 days imprisonment, which is mandatory.
(g) Whoever violates division (c) of this section is guilty of a misdemeanor of the third degree. The penalty shall be as provided in § 698.02, except that for a second offense, the court shall impose at least ten days imprisonment, which is mandatory, and for a third or subsequent offense, the court shall impose at least 30 days imprisonment, which is mandatory.
(Ord 202-89. Passed 12-4-89; Ord. 3-90. Passed 1-2-90.)