(a) No person, who is the owner, operator or person in charge of a locomotive, watercraft, aircraft or other vehicle as defined in Ohio R.C 4501.01(A), shall knowingly permit the vehicle to be used for the commission of a drug abuse offense.
(b) No person, who is the owner, lessee or occupant, or who has custody, control or supervision of premises, or real estate, including vacant land, shall knowingly permit the premises, or real estate, including vacant land, to be used for the commission of a drug abuse offense by another person.
(c) Whoever violates this section is guilty of permitting drug abuse, a misdemeanor of the first degree.
(1) If the offender has been convicted or pleaded guilty to any violation of Ohio R.C. Chapter 2925 or Chapter 513 of these Codified Ordinances, then the court shall sentence the person to not less than three days of actual incarceration.
(2) If a child under the age of eighteen years is present on the premises or in the vehicle while the offense is committed, and the offender is the parent, guardian, custodian, person having custody or control, or person in loco parentis, upon conviction, the offender shall be sentenced to not less than five days of actual incarceration.
(3) If the drug abuse offense in question is a violation of Ohio R.C. 2925.02 or 2925.03, that was committed in the vicinity of a school or in the vicinity of a juvenile, permitting drug abuse is a felony and shall be prosecuted under appropriate state law.
(Ord. 103-99. Passed 5-24-99.)
(d)
In addition to any other sanction imposed for an offense under this section, the court that sentences a person who is convicted of or pleads guilty to a violation of this section may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.
(e) Any premises or real estate that is permitted to be used in violation of subsection (b) hereof constitutes a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.
(ORC 2925.13)