(a) No person shall directly or indirectly make, publish, disseminate, circulate or place before the public, in a newspaper, magazine or other publication, or in the form of a book, notice, handbill, poster, circular, pamphlet, letter, sign, placard, card, label or over any radio station, or in any other way, an advertisement or announcement of any sort regarding merchandise, securities, service, employment, real estate or anything of value offered by him for use, purchase or sale, and which advertisement or announcement contains any assertion, representation or statement which is untrue or fraudulent.
(b) No person shall, in any manner or by any means of advertisement or other means of communication, offer for sale any merchandise, commodity or service as part of a plan or scheme with the intent, design or purpose not to sell the merchandise, commodity or service so advertised at the price stated therein, or with the intent, design or purpose not to sell the merchandise, commodity or service so advertised. Nothing in this section shall apply to any visual or sound radio broadcasting stations, to a telephone company offering announcement service according to tariffs filed with the Public Utilities Commission of Ohio, or to any publisher or printer of a newspaper, magazine or other form of printed advertising, who broadcasts, publishes or prints such advertisement in good faith without knowledge of its false, deceptive or misleading character.
(c) Whoever violates any of the provisions of this section is guilty of fraudulent advertising, a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 97-73. Passed 12-27-73.)