§ 138.12. Permitting drug abuse.

A.

No person, being the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicles as defined in R.C. § 4501.01(A), shall knowingly permit such vehicle to be used for commission of a felony drug abuse offense.

B.

1.

No person, who is the owner, lessee, or occupant, or who has 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 abuse offense by another person.

2.

No person who has under his management or control any land, building, apartment, room, space or enclosure, either as an owner, lessee, agent, employee or mortgagee shall knowingly rent, lease or make available for use, with or without compensation, the land, building, apartment, room, space or enclosure for the purpose of unlawfully manufacturing, selling, dispensing, furnishing, giving away, storing or using any controlled substance defined in Section 138.01 of this code.

C.

Whoever violates this section is guilty of permitting drug abuse, a misdemeanor of the first degree, except that permitting drug abuse shall be prosecuted under appropriate state law if any of the following apply:

1.

The offender previously has been convicted of a drug abuse offense;

2.

The offense is a violation of R.C. § 2925.02 or R.C. § 2925.03(A)(1), (5), (7) or (10) that was committed in either of the following ways:

A.

On school premises, in a school building, or within one thousand feet of the boundaries of any school premises;

B.

Within one hundred feet of any juvenile or within the view of any juvenile, whether or not the offender knows the age of the juvenile, the offender knows the juvenile is within one hundred feet or within view of the commission of the offense, or the juvenile views the commission of the offense.

D.

1.

Notwithstanding the fines otherwise required to be imposed pursuant to § 130.99 of this code for violations of this section, the court shall impose a mandatory fine of one thousand dollars.

2.

The court may impose a fine in addition to a mandatory fine imposed pursuant to subsection (D)(1) of this section if the total of the additional and mandatory fines does not exceed the maximum fine that could be imposed pursuant to § 130.99(H) of this code.

3.

Notwithstanding any contrary provision of R.C. § 3719.21, fifty percent of any mandatory fine imposed pursuant to subsection (D)(1) of this section shall be paid by the Clerk of the Court in accordance with and subject to the requirements of, and shall be used as specified in, R.C. § 2925.03(J), and fifty percent shall be disbursed as provided in R.C. § 3719.21. Any additional fine imposed pursuant to subsection (D)(2) of this section shall be disbursed by the Clerk of the Court as otherwise provided by law.

4.

If a person is charged with any violation of this section and posts bail pursuant to R.C. §§ 2937.22 to 2937.46 or Criminal Rule 46, and if the person forfeits the bail, the forfeited bail shall be paid by the Clerk of the Court in accordance with and subject to the requirements of, and shall be used as specified in, subsection (D) (3) of this section.

5.

No court shall impose a mandatory fine pursuant to subsection (D)(1) of this section upon an offender who alleges, in an affidavit filed with the court prior to his sentencing, that he is indigent and is unable to pay any mandatory fine imposed pursuant to that subsection, if the court determines the offender is an indigent person and is unable to pay the fine.

E.

In addition to any other penalty imposed for a violation of this section, the court may suspend for up to five years the driver's or commercial driver's license of any person who is convicted of or has pleaded guilty to a violation of this section. If the offender is a professionally licensed person or a person who has been admitted to the bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other penalty imposed for a violation of this section, the court forthwith shall comply with R.C. § 2925.38. Penalty, see § 130.99. (R.C. § 2925.13)

(Ord. 671-1993)

(Ord. 410-2015)