(a) No person who, after the passage of this ordinance, is convicted of, is found guilty or pleads guilty to a sexually oriented offense, as defined in Ohio R.C. 2950.01(A) or a child-victim oriented offense, as defined in Ohio R.C. 2950.01(C) shall establish residency, shall occupy residential premises, or shall loiter within one thousand feet of any school premises, public playground, public park, child recreation facility, preschool or child day-care center premises.
(b) Each day the sexually oriented offender violates subsection (a) shall be considered a separate offense.
(c) Whoever violates subsection (a) hereof is guilty of Prohibited Sexually Oriented Acts, a misdemeanor of the fourth degree.
(d) As used in this section:
(1) "Child day-care center" has the same meaning as in section 5104.01 of the Ohio Revised Code.
(2) "Preschool" means any public or private institution or center that provides early childhood instructional or educational services to children who are at least three years of age but less than six years of age and who are not enrolled in or are not eligible to be enrolled in kindergarten, whether or not those services are provided in a child day-care setting. "Preschool" does not include any place that is the permanent residence of the person who is providing the early childhood instructional or educational services to the children described in this division.
(3) "Preschool or child day-care center premises" means all of the following:
A. Any building in which any preschool or child day-care center activities are conducted if the building has signage that indicates that the building houses a preschool or child day-care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;
B. The parcel of real property on which a preschool or child day-care center is situated if the parcel of real property has signage that indicates that a preschool or child day-care center is situated on the parcel, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;
C. Any grounds, play areas, and other facilities of a preschool or child day-care center that are regularly used by the children served by the preschool or child day-care center if the grounds, play areas, or other facilities have signage that indicates that they are regularly used by children served by the preschool or child day-care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply.
(4) "Loiter" means to remain idle in essentially one place and includes the concepts of spending time idly, loafing or walking about aimlessly.
(5) "Public playground" means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(6) "Public park" means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(7) "Child recreation facility" means any grounds, play areas, or other recreation facilities established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district that is regularly used by children if the grounds, play areas, or other recreation facilities have signage that indicates that they are regularly used by children and is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply.
(e) This section does not prohibit a sexually oriented offender from, to the extent necessary, attending meetings of public bodies as defined in Ohio R.C. 121.22.
(f) Nothing provided in this section shall be constituted to limit, abrogate or diminish any other lawful remedy or action as set forth in Ohio R.C. 2950.034 or any other remedies provided by law. (Ord. 2019-49. Passed 5-20-19.)