|
,..?,? .s , . .. , . . . ?.-, , .w' v»..'uN??,a?1?e,r.r?sFi?*;kv+2?;d.6Y?`?'sX^?*f"c?,hXi`' , {'k"kiia .. ...., cC i3":a.if..^? ,•,.ta?sF#n Ja?.4.,;;ee,..,.s, ?..:?..: .?..?? .?.? ,
<br /> ..... .. . , .._.. . ...-,
<br />Ordinance No. 2002-41
<br />or substantially similar municipal ordinance, public indecency is a misdemeanor of the third
<br />degree. If the offender previously has been convicted of or pleaded guilty to two violations of
<br />Ohio R.C. 2907.09 or substantially similar municipal ordinance, public indecency is a
<br />misdemeanor of the second degree. ff the offender previously has been convicted of or pleaded
<br />guilty to three or more violations of Ohio R.C. 2907.09 or substantially similar municipal
<br />ordinance, public indecency is a misdemeanor of the first degree. (ORC 2907.09)"
<br />shall be amended, and, as amended, shall read in its cmtirety as follows:
<br />"533.07 PUBLIC INDECENCY.
<br />(a) No person sha11 recklessly do any of the following, under circumstances in which
<br />his or her conduct is likely to be viewed by and affront others, not members of his or her
<br />household:
<br />(1) Expose his or her private parts, or engage in masturbation;
<br />(2) Engage in sexual conduct;
<br />(3) Engage in conduct that to an ordinary observer would appear to be sexual
<br />conduct or masturbation.
<br />(b) Whoever violates this section is guilty of public indecency. Public indecency is a
<br />misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty
<br />to one or more violations of this Section, Ohio R.C. 2907.09, or a substantially similar municipal
<br />ordinance, such subsequent convictions of public indecency, as misdemeanors of the first degree, shall
<br />also carry, in addition to any and all sanctions that the Court is authorized by law to impose,
<br />imposition of the following minimum mandatory fines and terms of incarceration:
<br />(1) upon a second conviction, a Five Hundred ($500.00) Dollar fine and ten (10)
<br />days in jail sha11 be imposed;
<br />(2) upon a third conviction, a Seven Hundred and Fifty ($750.00) Dollar fine and
<br />thirty (30) days in jail shall be imposed;
<br />(3) upon a fourth conviction, a One Thousand ($1,000.00) Dollar fine and sixty
<br />(60) days in jaii shall be imposed;
<br />(4) upon a fifth or more conviction, a One Thousand ($1,000.00) Dollar fine and
<br />one hundred and eighty (180) days in jail shall be imposed.
<br />The Court may, in its discretion, impose terms of probation in sentencing, as a means of compliance
<br />with the minimum mandatory fines and terms of incarceration set forth hereinabove, and provide as
<br />follows:
<br />(1) for counseling or other treatmem for sexually deviant behavior;
<br />(2) for terms of electronically monitored house arrest in lieu of days in jail;
<br />(3) for terms of inpatient or outpatient treatmetrt in conjunction with electronically
<br />monitored house arrest and in lieu of days in jail;
<br />(4) for any and all costs associated with the aforesaid terms of probation, a.s may
<br />be impased upon the Defendant, to be creciited against and opera.te to reduce
<br />the fine imposed pursuant to section (b)."
<br />SECTION 2: That the operation of any Ordinance, or part of any Ordinance in conflict or
<br />inconsistent with any provision of this Ordinance is, to the extem of any such conflict or
<br />inconsistency, repealed.
<br />SEC770N 3: That this Ordinance shall take effect and be in force from and after the earliest
<br />period allowed by law.
<br />2
|