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(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.)
(a) No person shall possess or view any material or performance that shows a minor who is not the parents' child or ward in a state of nudity, unless one of the following applies:
(1) The material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this State, or presented for a bona fide artistic, 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 the material or performance.
(2) The person knows that the parents, guardian or custodian has consented in writing to the photographing or use of the minor in a state of nudity and to the manner in which the material or performance is used or transferred.
(b) Whoever violates this section is guilty of illegal use of a minor in nudity oriented material or performances, 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. 2907.323(A)(3).
(ORC 2907.323; Ord. 768-84. Passed 10-23-84.)
(a) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall solicit another to engage such other person in sexual activity for hire.
(b) No person, while operating a vehicle or while a passenger in or on a vehicle, in a public place shall stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is an operator or passenger with purpose to solicit another to engage in sexual activity for hire.
(c) Whoever violates Division (a) of this section is guilty of soliciting from a motor vehicle, a misdemeanor of the first degree. Whoever violates Division (b) of this section is guilty of loitering from a motor vehicle, a misdemeanor of the third degree.
(Ord. 796-96. Passed 11-19-96.)
(a) Any building, vehicle, boat, aircraft, or place used for the purpose of lewdness, soliciting for prostitution or prostitution or gambling, or used by, or kept for the use of prostitutes or other disorderly persons or used for the unlawful manufacturing, transporting, sale, keeping for sale, bartering, or furnishing of any controlled substance, counterfeit controlled substance, drug paraphernalia or harmful intoxicant, or any vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or any mixed liquors or beverages, or any part of which is intoxicating, or which is used in, or obtained in, the commission of a theft offense, house stripping, vandalism, or a violation of Revised Code § 4737.04 or a nuisance as defined in § 1726.01 is declared a nuisance for purposes of §§ 533.20 and 533.21, and the furniture, fixtures, and contents of the building, the vehicle, boat, aircraft, or place and all intoxicating liquors therein are also declared a nuisance, and all controlled substances and nuisances shall be enjoined and abated as provided in § 533.21 and as provided in the court rules. Any person or his or her servant, agent or employee who owns, leases, conducts or maintains any building, vehicle or place used for any of the purposes or acts set forth in this section is guilty of a nuisance.
(Ord. 273-22. Passed 5-24-22.)
(b) Owner of vehicle defined; parties defendant. An owner of a vehicle within the meaning of this is deemed to be the person in whose name the vehicle is titled, and any chattel mortgagee, lessee or assignee therefore or other lien holder and the plaintiff shall join such mortgagee, assignee or lien holder as a party defendant.
(Ord. 453-14. Passed 10-21-14.)
The Director of Law or his designee may file an action to abate said nuisance and to perpetually enjoin any person, his servant, agent, or employee, who shall own, lease, conduct or maintain such building, vehicle, boat, aircraft, or place, from permitting or suffering such building, vehicle, boat, or aircraft or place owned, leased, conducted or maintained by him, or any other building, vehicle, boat, aircraft or place conducted or maintained by him to be used for any of the purposes or by any of the persons set forth in Section 533.19 or for any of the acts enumerated in said section.
(Ord. 796-96. Passed 11-19-96.)
(a) Order of abatement. If the existence of the nuisance is established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all furniture, fixtures and contents therein and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of 1 year, unless sooner released as in this chapter provided.
(b) Vehicles, sale. Any vehicle, boat, or aircraft found by the court to be a nuisance within the meaning of this chapter, is subject to the same order and judgment as any furniture, fixtures and contents as herein provided.
(c) Sale of personalty, costs, liens, balance to State Treasurer. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided in this section, the officer executing the order of the court shall, after deducting the expenses of keeping such property and costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the lienor having any notice that such property was being used or was to be used for the maintenance of a nuisance as herein defined, and shall pay the balance to the Treasurer to be credited to the Toledo Police Law Enforcement Trust Fund Account 90-5200-8990-T32302-STD-STD of the City of Toledo which has as its purpose to pay the expenses associated with the investigation and prosecution of nuisance offenses as they are defined in § 533.19
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(d) Use of closed building; contempt. If any person uses a building or place so directed to be closed, with knowledge that such building or place has been ordered closed shall be guilty of a misdemeanor of the fourth degree.
(e) Family hardship. A family or household member of the person who is the owner of property used to maintain a nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of abatement and sale of the property will create an undue hardship on the family or household member. If the court determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member filing said motion, no order of abatement shall issue. The court shall then order the property released to the movant after all costs of the seizure and storage of the property have been paid by the movant; except that no motion shall be granted where the movant has previously filed a motion pursuant to this subsection in this or any other nuisance case or where the person using the property to create a nuisance was a family or household member of any person filing a motion pursuant to this subsection in any previous case or has previously been convicted of soliciting.
As used in this section, "family or household member" shall have the same meaning as it is defined in § 537.19
(Ord. 580-97. Passed 9-16-97; Ord. 273-22. Passed 5-24-22.)
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