§ 911-5. Permitting Drug Abuse  


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  • (a) No person, being the owner, operator or person in charge of a locomotive, watercraft, aircraft or other vehicle as defined in division (a) of Section 4501.01 of the Revised Code, shall knowingly permit such vehicle to be used for commission of a felony drug offense.

    (b) No person, being the owner, lessee or occupant, or having custody, control or supervision of premises, or real estate, including vacant land, shall knowingly permit premises, or real estate, including vacant land, to be used for commission of a felony drug offense by another person.

    (c) No person being the owner, lessee, occupant, or having custody, control or supervision of premises, or real estate, including vacant land, shall recklessly permit the premises to be used for the commission of a felony drug offense under any provision of Chapter 2925 or 3719 of the Revised Code, after the receipt of written notice from a law enforcement officer that a felony drug offense under any a provision of Chapter 2925 or 3719 of the Revised Code has previously occurred on the premises, or real estate. In multiple unit dwellings, including hotels or motels, the notice provided for in this division shall state the names of the parties and the specific unit involved. The notice required by this division shall be delivered by certified mail, requested delivery and return receipt requested or by personal service. The notice required by this division shall identify the sender, identify the nature of the drug activity occurring on the premises and bear the date of such notice. The notice shall also contain, as applicable, information as to whether a search warrant has been executed for the premises and the results therefrom, whether and what charges have been placed against individuals stemming from drug activity on the premises, and/or identify a contact person within the Cincinnati Police Division who can substantiate for the owner, lessee, or person in control of the premises, the nature of the felony drug offense, and also, if necessary, coordinate testimony in a court of law to substantiate such felony drug offense. It shall be prima facie evidence that the owner or lessor did not recklessly permit the premises to be used for the commission of a felony drug offense on the premises if:

    (1) the owner or lessor has begun the process of evicting the person or persons committing the drug offense, including sending a notice of eviction; or

    (2) the owner or lessor has identified for the police in writing and in a timely manner after receipt of the notice required by this division, of the steps that the owner or lessor has commenced to prevent the commission of additional felony drug offenses on the premises.

    This division (c) shall not apply to any owner or lessor who has filed an action for forcible entry and detainer to remove a lessee or occupant from the premises.

    (d) Premises or real estate, including vacant land, used in violation of division (b) or (c) of this section and where a felony violation of Chapter 2925 or 3719 of the Revised Code occurs, constitutes a nuisance subject to abatement pursuant to Chapter 3767 of the Revised Code.

    (e) Whoever violates divisions (a) or (b) of this section is guilty of permitting drug abuse, a misdemeanor of the first degree. Notwithstanding any other section of this Code, at least thirty (30) days' imprisonment is mandatory upon conviction of an offense under this division.

    (f) Whoever violates division (c) of this section is guilty of recklessly permitting drug abuse, a misdemeanor of the third degree. Notwithstanding any other section of this Code, at least ten days' imprisonment is mandatory upon conviction of a second offense under this division and at least 30 days' imprisonment is mandatory upon conviction of a third or subsequent offense under this division.

(Ordained by Ord. No.345-1996, eff. Nov. 29, 1996)