Laserfiche WebLink
?- <br />J <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 85 - 11 <br />BY: <br />MR. 0'GRADY <br />AN ORDINANCE AMENDING CHAPTER 533 OF THE <br />CODIFIED ORDINANCES ENTITLED "OBSCENITY AND <br />SEX OFFENSES" BY INCLUDING THEREIN A NEW <br />SECTION 533.14 ENTITLED "POSSESSION OF CHILD <br />PORNOGRAPHY" AS AMENDED. <br />(b) As used in this section, the term: <br />(1) "person" means any individual, corporation, company, business, <br />partnership, association, establishment, or other legal entity of <br />any kind; <br />(2) "knowledge of the character" means having general knowledge, <br />reason to know, or a belief or ground for belief which warrants <br />further inspection or inquiry into the nature of the material <br />involved. A person is rebuttably presumed to have such knowledge <br />when either of the following apply: <br />(i) the material states that it depicts minors under the age <br />o.f sixteen (16) years old, or expressly disclaims knowledge <br />of the age of the individuals depicted; or <br />(ii) from all of the facts and circumstances attending the <br />depiction, including, but not lirnited to the physical <br />development of the individuals depicted, their clothing or <br />other body apparel or jewelry, their mannerisms, expressions, <br />and stances, and/a,j the background or foreground setting of <br />the depiction, a person of ordinary intelligence would <br />conclude that the material depicted minors under the age of <br />sixteen years; <br />1 <br />WHEREAS, this Council has been made aware of the increase in the <br />circulation of child pornography; and <br />WHEREAS, it is the desire of this Council to regulate the <br />dissemination of child pornography by making the possession thereof a <br />criminal offense. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION l: That Chapter 533 of the Codified Ordinances entitled <br />"Obscenity and Sex Offenses" be amended by including therein a new Section <br />533.14 entitled "Possession of Child Pornography" which new Section shall <br />read as follows: <br />533.14 POSSESSION OF CHILD PORNOGRAPHY <br />(a) No person, with knowledge of the character of the material, shall <br />possess or control any material which depicts a minor under the age of <br />sixteen (16) years engaging in sexually explicit conduct.