(a) No commercial film or photographic print processor acting within the scope of employment or professional who obtains knowledge of any film, photography, movie film, videotape, negative or slide depicting a child engaged in sexual activity, bestiality or masturbation of himself or another; depicting a child as the victim of sadomasochism; or depicting erotic juvenile nudity, shall knowingly fail to do both of the following:
(1) Immediately report that knowledge or observation; the name of the person who presented the film, photograph, movie film, videotape, negative or slide for processing; and any available address or telephone number of that person to a City police officer.
(2) Provide a copy of the film, photograph, movie film, videotape, negative or slide that is the subject of the report made pursuant to division (a)(1) hereof to the police officer who investigates the report.
(b) No person, or employee of any person, acting as an agent of a commercial film or photographic print processor who obtains knowledge that any film, photograph, movie film, videotape, negative or slide depicts a child engaged in sexual activity, bestiality or masturbation of the child or another; depicts a child as the victim of sadomasochism; or depicts erotic juvenile nudity shall knowingly fail to do both of the following:
(1) Immediately report that knowledge or observation; the name of the person who presented the film, photograph, movie film, videotape, negative or slide for processing; and any available address or telephone number of that person to a City police officer.
(2) Provide a copy of the film, photograph, movie film, videotape, negative or slide that is the subject of the report made pursuant to division (b)(1) hereof to the police officer who investigates the report, if it is available to the person.
(c) (1) Any report made pursuant to this section is confidential and shall be used or disseminated only as necessary for any court proceedings held as a result of the report or as otherwise ordered by a court.
(2) No person shall knowingly use or disseminate any report made pursuant to this section or divulge the name of the person who made the report, except as necessary for any court proceedings held as a result of the report, or as otherwise ordered by a court.
(d) Any person who, in good faith, makes a report pursuant to this section or otherwise participates in any court proceeding that arises out of the making of a report pursuant to this section, is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of the making of the report or participating in court proceedings. Any person who makes a report pursuant to this section or participates in any court proceeding that arises out of any report made pursuant to this section, is rebuttably presumed to be acting in good faith.
(e) Any City police officer who receives a report pursuant to divisions (a) or (b) hereof shall notify the County Children's Services Board of the County Department of Human Services that exercises the Children's Services function of the report.
(f) As used in this section:
(1) "Commercial film or photographic print processor" means a person, or the employee of a person, who for a fee does any of the following:
A. Develops exposed photographic film into movies, negatives, slides or prints;
B. Makes photographic prints from negatives or slides;
C. Makes copies of videotapes.
(2) "Erotic juvenile nudity" means a display, description or representation of a child's genitals, rectal area or pubic area or a display, description or representation of a female child's developed or developing breast, which display, description or representation is lewd and appeals to prurient interest.
(3) "Sexual activity" has the same meaning as in Ohio R.C. 2907.01.
(4) For purposes of this section, a person acts as an agent of a commercial film or photographic print processor if he is not an employee of the commercial film or photographic print processor and if he does any of the following:
A. Collects film, photographs, movie film, videotapes, negatives or slides at his place of business for delivery to the commercial film or photographic print processor.
B. Permits customers of a commercial film or photographic print processor to deposit on premises that he owns, leases or otherwise has under his control: film, photographs, movie film, videotapes, negatives or slides for pick-up or delivery.
C. Otherwise assists in the delivery of film, photographs, movie film, videotapes, negatives or slides to or from a commercial film or photographic print processor.
(g) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 131-90. Passed 11-12-90.)