Loading...
(EDITOR'S NOTE: Section 666.13 was repealed as part of the 1996 updating and revision of these Codified Ordinances because a violation of substantially identical State law (Ohio R.C. 2907.322 and 2907.323) was made a felony by the General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is the parent, guardian or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he or she is eighteen years of age or over or married.
(c) Whoever violates any of the provisions of this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree, and shall be subject to the penalty provided in Section 698.02. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.
(ORC 2907.33)
(a) An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling material or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 666.11 is presumed to have knowledge of the character of the material or performance involved if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the Municipality. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles, and bear the date of such notice.
(c) Section 666.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of the theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
(d) (1) The provisions of Sections 666.11, 666.115 and 666.14(a) do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from and that do not include the creation of the content of the material that is the subject of the access or connection.
(3) Subsection (d)(1) hereof does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 666.11, 666.115 or 666.14 and that contain content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
(e) An employer is not guilty of a violation of Section 666.11, 666.115 or 666.14 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of the employee’s or agent’s employment or agency, and the employer does either of the following:
(1) With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.
(2) The employer recklessly disregards the employee’s or agent’s conduct.
(f) It is an affirmative defense to a charge under Section 666.11 or 666.115 as the section applies to an image transmitted through the internet or other electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
(ORC 2907.35)
(a) Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to Ohio 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:
(2) Any person who, pursuant to Section 666.15(b) 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 subsection (a) hereof 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 judgment pursuant to subsection (a) hereof 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 Ohio R.C. 2907.31 or Ohio 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.
(ORC 2907.36)
(a) Where it appears that Ohio R.C. 2907.31 or Ohio R.C. 2907.32, or a substantially equivalent municipal ordinance, is being or about to be violated, the chief legal officer of the Municipality, when the violation is taking place or is about to take place, may bring an action to enjoin the violation. The defendant, upon his request, is entitled 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.
(b) Premises used or occupied for repeated violations of Ohio R.C. 2907.31 or Ohio R.C. 2907.32, or a substantially equivalent municipal ordinance, constitute a nuisance subject to abatement pursuant to Ohio R.C. 3767.01 to 3767.99.
(ORC 2907.37)
Loading...