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(A) In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it is admissible on the question of whether such place is or is not a brothel.
(B) In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute.
(D) The prohibition contained in R.C. § 2317.02(D) against testimony by a husband or wife concerning communications between them does not apply, and the accused's spouse may testify concerning any such communication in any of the following cases:
(1) When the husband or wife is charged with a violation of § 133.07 and the spouse testifying was the prostitute involved in the offense or the person who used the offender's premises to engage in sexual activity for hire;
(R.C. § 2907.26)
(A) Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to 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 R.C. § 2907.31 or R.C. § 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated;
(2) Any person who, pursuant to 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 R.C. § 2907.31 or 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.
(R.C. § 2907.36)
(A) Where it appears that R.C. § 2907.31 or 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 R.C. § 2907.31 or R.C. § 2907.32, or a substantially equivalent municipal ordinance, constitute a nuisance subject to abatement pursuant to R.C. Chapter 3767.
(R.C. § 2907.37)
Statutory reference:
Disseminating matter harmful to juveniles, felony, see R.C. § 2907.31
Pandering obscenity, felony, see R.C. § 2907.32
(A) (1) The Chief of Police, upon receipt of the notice from the County Sheriff or the Ohio Attorney General pursuant to R.C. § 2950.11, or the administrative regulations adopted under authority of R.C. § 2950.13 (hereinafter "2950 Notice"), in addition to any notice required under R.C. Chapter 2950 and any regulations adopted thereunder, shall provide a copy of the 2950 Notice to all residences located within a radius of one-quarter of a mile or three blocks, whichever is greater, of the address listed within the 2950 Notice of the residence of the sexual predator or habitual sex offender. The Chief of Police shall send such notice within 72 hours of the receipt of the 2950 Notice from the County Sheriff or Ohio Attorney General. The delivery of this notice may be accomplished by personal delivery to a principal adult occupant of the residences in the area described above, or by mailing a copy of the notice by ordinary U.S. Mail addressed to the owner or principal occupant of the residences in the affected areas as such owner or principal occupant is identified within the business records maintained by the Police Department.
(2) As a public record, the Chief of Police also is authorized to release a copy of the 2950 Notice to a newspaper in general circulation within the Montgomery community which regularly receives crime reports or statistics from the Police Department.
(B) The procedure set forth herein is not intended to create a cause of action against any official, administrative officer, employee or agent of the city, nor is the procedure adopted herein intended in any way to impact the immunity extended to such persons pursuant to R.C. § 2950.12. Such statutory immunity is reserved to all protected individuals and organizations as outlined in R.C. § 2950.12 or successor statute. As a public record subject to publication and disclosure, this section is intended to provide a procedure for effectively disseminating the public information provided to the Police Department concerning sexual predators or habitual sex offenders residing within the community. The procedure adopted herein is intended to ensure appropriate public safety, and it is not intended to create any obligation upon the Police Department nor any official or employee of the city to disseminate such information or to create liability for the failure to disseminate such information in a timely and complete manner.
(Ord. 2-2001, passed 2-7-01)
(A) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(B) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(C) Nothing in this section prevents the municipality from enacting any regulation of the advertising of massage further than and in addition to the provisions of divisions (A) and (B) of this section.
(D) As used in this section, SEXUAL ACTIVITY has the same meaning as in R.C. § 2907.01.
(R.C. § 2927.17)
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