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CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 507 Anti-Noise Law
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 511 Alarm Systems
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Family Offenses
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 543 Securities
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 554 Employment, Real Estate Discrimination
CHAPTER 555 Hate Crime
CHAPTER 556 Closed Captioning
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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533.08. Procuring.
   (a)   No person, knowingly and for gain, shall do either of the following:
      (1)   Entice or solicit another to patronize a prostitute or brothel;
      (2)   Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.
   (b)   No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
   (c)   Whoever violates this section is guilty of procuring, a misdemeanor of the first degree.
(ORC 2907.23)
533.09. Soliciting.
   (a)   No person shall solicit another to engage with such other person in sexual activity for hire.
   (b)   Whoever violates this section is guilty of soliciting, a misdemeanor of the third degree.
(ORC 2907.24)
533.10. Prostitution.
   (a)   No person shall engage in sexual activity for hire.
   (b)   Whoever violates this section is guilty of prostitution, a misdemeanor of the third degree.
(ORC 2907.25)
533.11. Disseminating matter harmful to juveniles.
   (a)   No person, with knowledge of its character, shall recklessly furnish or present to a juvenile any material or performance which is harmful to juveniles.
   (b)   The following are affirmative defenses to a charge under this section, involving material or a performance which is harmful to juveniles:
      (1)   The defendant is the parent, guardian or spouse of the juvenile involved.
      (2)   The juvenile involved, at the time the material or performance was presented to him was accompanied by his parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
      (3)   The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate, marriage license or other official or apparently official document purporting to show that such juvenile was eighteen years of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
   (c)   It is an affirmative defense to a charge under this section, involving material or a performance which is harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
   (d)   Whoever violates this section is guilty of disseminating matter harmful to juveniles, a misdemeanor of the first degree, if the material or the performance involved is harmful to juveniles but not obscene.
(ORC 2907.31)
533.12. Pandering obscenity.
   (a)   No person, with knowledge of the character of the material or performance involved, shall do any of the following:
      (1)   Create, reproduce or publish any obscene material, when the offender knows that such material is to be used for commercial exploitation or will be publicly disseminated or displayed, or when he is reckless in that regard;
      (2)   Exhibit or advertise for sale or dissemination, or sell or publicly disseminate or display any obscene material;
      (3)   Create, direct or produce an obscene performance, when the offender knows that it is to be used for commercial exploitation or will be publicly presented, or when he is reckless in that regard;
      (4)   Advertise an obscene performance for presentation, or present or participate in presenting an obscene performance, when such performance is presented publicly or when admission is charged;
      (5)   Possess or control any obscene material with purpose to violate subsection (a)(2) or (4) hereof.
   (b)   It is an affirmative defense to a charge under this section, that the material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in such material or performance.
   (c)   Whoever violates this section is guilty of pandering obscenity, a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section, Section 533.11 or Ohio R.C. 2907.31 or 2907.32.
(ORC 2907.32)
533.13. Deception to obtain matter harmful to juveniles.
   (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 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 is eighteen years of age or over or married;
      (2)   Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
   (c)   Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. 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)
533.14. Prohibition of public nudity for commercial gain.
   (a)   No person shall participate in a live act, demonstration, performance, play, skit, dance or other exhibition performed before a live audience, in a public place or place open to the public, whether or not a fee is charged for admission, and recklessly do any of the following:
      (1)   Expose his or her genital, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;
      (2)   Expose any device, costume or covering which gives the appearance or simulates the genitals, pubic hair, buttock, natal cleft, perineum, anal region or pubic hair region;
      (3)   Expose any portion of the female breasts at or below the areola thereof.
   (b)   No person shall cause, permit, solicit, procure, aid or abet, counsel or assist any person to commit an offense as prohibited in subsection (a) hereof.
   (c)   Nothing contained in this section shall be construed to apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau, or production in any theater, concert hall, museum of fine arts, school, institution of higher learning or similar establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression of opinion, communication, speech, ideas, information, art or drama as differentiated from commercial or business advertising, promotion or exploitation of nudity for the purpose of advertising, promotion, selling or serving products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
   (d)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(1952 Code § 17-9-120; Ord. 94-79.)
533.15. Pandering obscenity involving a minor.
   (a)   No person, with knowledge of the character of the material or performance involved, shall possess or control any obscene material that has a minor as one of its participants.
   (b)   Whoever violates this section is guilty of pandering obscenity involving a minor, a misdemeanor of the first degree, if the offender has not previously been convicted of or pleaded guilty to an offense under this section or Ohio R.C. 2907.321 (A)(5).
(ORC 2907.321; Ord. 768-84. Passed 10-23-84.)
533.16. Pandering sexually oriented matter involving a minor.
   (a)   No person, with knowledge of the character of the material or performance involved, shall possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
   (b)   Whoever violates this section is guilty of pandering sexually oriented matter involving a minor, a misdemeanor of the first degree, if the offender has not previously been convicted of or pleaded guilty to an offense under this section or Ohio R.C. 2907.322(A)(5).
(ORC 2907.322; Ord. 768-84. Passed 10-23-84.)
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