Skip to code content (skip section selection)
(a) No person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child- victim oriented offense shall establish a residence or occupy residential premises within 1,000 feet of any school premises or public park that is located within the City of Avon Lake.
(b) If a person to whom this section applies violates this section by establishing a residence or occupying residential premises within 1,000 feet of any school premises or public park that is located within the City, the Director of Law has a cause of action for injunctive relief against the person. The City shall not be required to prove irreparable harm in order to obtain the relief.
(c) The City adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense.
(d) The City Council finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises and public parks, that certain persons who have been convicted of, or have pleaded guilty to, a sexually oriented offense or child-victim oriented offense must not establish a residence or occupy residential premises within 1,000 feet of any school premises or public park.
(e) The Council adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio R.C. 2950.02.
(f) As used in this section, “school” and “school premises” have the same meanings as in R.C. Chapter 2950, as the same may be revised. As used in this section, “public parks” means those areas of the City owned or managed by the City or the Lorain County Metropolitan Park District, in whole or in part, and that are designated for park and/or recreational purposes, including City parks, beaches, aquatic centers, sports facilities, and fields.
(g) Anyone presently affected by this section and its inclusion of parks shall be required to register with the Chief of Police and shall not be required to leave their current residence as a result of the enactment of this section.
(h) It is hereby declared to be the intention of the City Council that the divisions, paragraphs, sentences, clauses, and words of this section are severable, and if any word, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses sentences, paragraphs, and divisions of this section, because the same would have been enacted by the City Council without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or division.
(Ord. 83-06. Passed 6-26-06; Ord. 36-2017. Passed 3-13-17.)