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Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 133.13 RULES OF EVIDENCE.
   (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.
   (C)   In any prosecution for a violation of §§ 133.07 to 133.09, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.
   (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;
      (2)   When the husband or wife is charged with a violation of § 133.08(A) or § 133.09.
(R.C. § 2907.26)
§ 133.14 DECLARATORY JUDGMENT.
   (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)
§ 133.15 INJUNCTION; ABATEMENT OF NUISANCE.
   (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
§ 133.16 NOTICE OF RESIDENCE OF SEX OFFENDERS.
   (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)
§ 133.17 UNLAWFUL ADVERTISING OF MASSAGE.
   (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)
§ 133.18 NONCONSENSUAL DISSEMINATION OF PRIVATE SEXUAL IMAGES.
   (A)   As used in this section:
      CABLE SERVICE PROVIDER. Has the same meaning as in R.C. § 1332.01.
      DIRECT-TO-HOME SATELLITE SERVICE. Has the meaning defined in 47 U.S.C. § 303, as amended.
      DISSEMINATE. Means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
      IMAGE. Means a photograph, film, videotape, digital recording, or other depiction or portrayal of a person.
      INTERACTIVE COMPUTER SERVICE. Has the meaning defined in the "Telecommunications Act of 1996", 47 U.S.C. § 230, as amended.
      INTERNET PROVIDER. Means a provider of internet service, including all of the following:
         (a)   Broadband service, however defined or classified by the Federal Communications Commission;
         (b)   Information service or telecommunications service, both as defined in the "Telecommunications Act of 1996", 47 U.S.C. § 153, as amended;
         (c)   Internet protocol-enabled services, as defined in R.C. § 4927.01.
      MOBILE SERVICE. Has the meaning defined in 47 U.S.C. § 153, as amended.
      SEXUAL ACT. Means any of the following:
         (a)   Sexual activity;
         (b)   Masturbation;
         (c)   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
         (d)   Sado-masochistic abuse.
      TELECOMMUNICATIONS CARRIER. Has the meaning defined in 47 U.S.C. § 153, as amended.
      VIDEO SERVICE PROVIDER. Has the same meaning as in R.C. § 1332.21.
   (B)   No person shall knowingly disseminate an image of another person if all of the following apply:
      (1)   The person in the image is 18 years of age or older.
      (2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      (3)   The person in the image is in a state of nudity or is engaged in a sexual act.
      (4)   The image is disseminated without consent from the person in the image.
      (5)   The image is disseminated with intent to harm the person in the image.
   (C)   This section does not prohibit the dissemination of an image if any of the following apply:
      (1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
      (2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
      (3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
      (4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person's official duties.
      (5)   The image is disseminated for another lawful public purpose.
      (6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
      (7)   The image is disseminated for the purpose of medical treatment or examination.
   (D)   The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
      (1)   A provider of interactive computer service;
      (2)   A mobile service;
      (3)   A telecommunications carrier;
      (4)   An internet provider;
      (5)   A cable service provider;
      (6)   A direct-to-home satellite service;
      (7)   A video service provider.
   (E)   Any conduct that is a violation of this section and any other section of this Code or the Ohio Revised Code may be prosecuted under this section, the other section, or both sections.
   (F)   (1)   (a)   Except as otherwise provided in division (F)(1)(b), (F)(1)(c), or (F)(1)(d) of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
         (b)   If the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state law or municipal ordinance, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
         (c)   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state law or municipal ordinance, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
         (d)   If the offender is under 18 years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
      (2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under R.C. Chapter 2981:
         (a)   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
         (b)   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
   (G)   A victim of a violation of this section may commence a civil cause of action against the offender, as described in R.C. § 2307.66.
(R.C. § 2917.211)
§ 133.99 SENTENCING FOR SEXUALLY ORIENTED OFFENSES; SEXUAL PREDATORS; REGISTRATION.
   (A)   If an offender is being sentenced for a sexually oriented offense or child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, and the offender is a tier III sex offender/child-victim offender relative to the offense or the offense is any offense listed in R.C. § 2901.07(D)(1) to (D)(3), the judge shall include in the offender's sentence a statement that the offender is a tier III sex offender/child-victim offender, shall comply with the requirements of R.C. § 2950.03, and shall require the offender to submit to a DNA specimen collection procedure pursuant to R.C. § 2901.07.
   (B)   If an offender is being sentenced for a sexually oriented offense or a child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender's duties imposed under R.C. §§ 2950.04, 2950.041, 2950.05, and 2950.06, and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration. If required under R.C. § 2950.03(A)(2), the judge shall perform the duties specified in that section or, if required under R.C. § 2950.03(A)(6), the judge shall perform the duties specified in that division.
(R.C. § 2929.23)
Cross-reference:
   Sentencing generally, see Chapter 130