(A) Legislative findings and intent.
(1) The findings set forth in the recitals to Ordinance No. 2011-033 are hereby adopted as additional legislative findings.
(2) The City Council hereby finds and determines that sex offenders present an extreme threat to the public safety. Sex offenders are extremely likely to use physical violence and repeat their offenses, and most commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offender victimization to society at large, while incalculable, clearly exorbitant and a drain on the resources of the city and society.
(3) It is the intent of this section to reduce the potential risk of harm to children of the community by limiting the opportunity for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by children, are primarily used by children, or are customary gathering places for children. This section is not intended to interfere with a sex offender's ability to participate in his or her own children's activities occurring at school and at other recreational type facilities, and is also not intended to interfere with a sex offender's ability to attend church or conduct business with the government.
(B) As used in this section:
BUSINESS OR TRANSIENT FACILITIES. Includes but is not limited to day care centers or children's facilities, video arcades, transient carnivals, transient zoos, school bus stops while any child or children are present or other similar type places where children congregate.
CHILD, CHILDREN, OR MINOR. Individuals whose chronological age is under 18 years.
DAY CARE CENTER. Any child care arrangement which is either required to be licensed by, or which is exempt from licensure in accordance with state or local law, including but not limited to, any family child care home, large family child care home, child care facility, school age child care center, specialized child care facility for the care of mildly-ill children, after school programs and child care facilities of a church or parochial school.
LOITERING AND PROWLING. To linger aimlessly or to move about in a stealthy manner at a time or in a manner not usual for law abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to
identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
PARK. Includes all public and private property specifically designated as being utilized for park and recreational purposes, including public beaches, regardless of ownership.
PERMANENT OR STATIONARY FACILITIES. Any public or private schools, public libraries, public or private playgrounds and/or play facilities, YMCA and YWCA facilities, Boys and Girls Club's facilities, youth camp grounds, parks, youth sports facilities, skateparks, public zoos, public swimming pools, and other similar places where children regularly congregate.
SAFETY ZONE. On or within 300 feet of the specified location.
SCHOOL. Any public or private school as defined in R.C. § 2925.01 as it may be amended or replaced, excluding facilities dedicated exclusively to the education of adults.
SEX OFFENDER. Has the same meaning as in R.C. § 2950.01.
(C) It is prohibited for a sex offender to be on or within a safety zone for the following specified locations or to loiter or prowl upon locations adjacent to a safety zone:
(1) Permanent facilities which may include but are not limited to the grounds of any public or private school for children during such times as the location is being used by children for school activities, latchkey or organized youth sports or during such times when children otherwise congregate at the facility, except while the sex offender is in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from the school, or while attending a school activity with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) or while on the school grounds for a school-related activity with the permission of the school; and
(2) Permanent facilities which may include but are not limited to public or private playgrounds and play facilities, YMCA and YWCA facilities and Boys and Girls Club's facilities, libraries, parks, youth sports facilities, youth campgrounds, skating parks and rinks, public swimming pools, amusement parks, and public zoos during such times as the location is being used by children or during such times when children congregate at the facility except while in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from one of these facilities or locations or while attending an activity with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) or while in the presence of his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) at one of these facilities or locations or when attending an adults only function.
(3) For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the facility primarily designed for use by, or are primarily used by children.
(4) This prohibition does not apply to single trips while traveling past a location specified in this section while enroute to another destination.
(5) This prohibition does not apply to traveling to or from or attendance at religious services.
(6) This prohibition does not apply to traveling to or from or being at a government building for the purpose of conducting official business.
(7) This prohibition does not apply to the sex offender's place of residence when regulated by state law such as R.C. § 2950.034 as it may be amended or replaced.
(8) This prohibition does not apply to a sex offender that is at a permanent facility when the facility is a voting or voter registration location and the sex offender is present for the purposes of voting or registering during the hours designated for voting or registration process but only for the time required to complete the voting or registration process.
(D) It is prohibited for a sex offender to be on or within a safety zone for the following specified locations or to loiter or prowl upon locations adjacent to a safety zone:
(1) Business or transient facilities which may include but are not limited to day care centers except while the sex offender is in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from the facility, or while attending an activity in the facility with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) or while on the facility grounds for a facility related activity with the permission of the facility;
(2) Business or transient facilities which may include but are not limited to video arcades, transient carnivals, transient zoos, or school bus stops while any child or children are present. This includes the parking areas designated for use in connection with the business or transient facilities.
(3) For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the facility primarily designed for use by, or are primarily used by children.
(4) This prohibition does not apply to single trips while traveling past a location specified in this section while enroute to another destination.
(5) This prohibition does not apply to traveling to or from or attendance at religious services.
(6) This prohibition does not apply to traveling to or from or being at a government building for the purpose of conducting official business.
(7) This prohibition does not apply to the sex offender's place of residence when regulated by state law such as R.C. § 2950.034 as it may be amended or replaced.
(8) This prohibition does not apply to a sex offender that is at a permanent facility when the facility is a voting or voter registration location and the sex offender is present for the purposes of voting or registering during the hours designated for voting or registration process, but only for the time required to complete the voting or registration process.
(E) For all activities involving the dropping off or picking up of a child or children as authorized above, or attending an activity involving a child or children as authorized above or traveling, attending services, or conducting official business, the sex offender may not remain or loiter any longer than is reasonably necessary to accomplish the task.
(F) School officials, park workers, library staff, YMCA and YWCA staff, Boys and Girls Club staff, day care operators, video arcade, amusement park and zoo workers and all others working at permanent or business facilities primarily designed for use by, or primarily used by children are encouraged to assist law enforcement in its efforts to protect children.
(G) The city may pursue any enforcement action or legal remedy available under controlling state law and any legal remedy available to the city to include, but not be limited to, a fine not exceeding $500 or by imprisonment for a term not exceeding 60 days or by both fine and imprisonment, unless otherwise authorized by law.
(H) Each separate occurrence shall be a separate violation of this section.
(I) It is prohibited for a sex offender to be on or within a safety zone for the following specified locations or to loiter or prowl upon locations adjacent to a safety zone:
(1) Permanent facilities which may include but are not limited to the grounds of any public or private school for children during such times as the location is being used by children for school activities, latchkey or organized youth sports or during such times when children otherwise congregate at the facility, except while the sex offender is in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from the school, or while attending a school activity with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) or while on the school grounds for a school-related activity with the permission of the school; and
(2) Permanent facilities which may include but are not limited to public or private playgrounds and play facilities, YMCA and YWCA facilities and Boys and Girls Club's facilities, libraries, parks, youth sports facilities, youth campgrounds, skating parks and rinks, public swimming pools, amusement parks, and public zoos during such times as the location is being used by children or during such times when children congregate at the facility except while in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from one of these facilities or locations or while attending an activity with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) or while in the presence of his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) at one of these facilities or locations or when attending an adults only function.
(3) For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the facility primarily designed for use by, or are primarily used by children.
(4) This prohibition does not apply to single trips while traveling past a location specified in this section while enroute to another destination.
(5) This prohibition does not apply to traveling to or from or attendance at religious services.
(6) This prohibition does not apply to traveling to or from or being at a government building for the purpose of conducting official business.
(7) This prohibition does not apply to the sex offender's place of residence when regulated by state law such as R.C. § 2950.034 as it may be amended or replaced.
(8) This prohibition does not apply to a sex offender that is at a permanent facility when the facility is a voting or voter registration location and the sex offender is present for the purposes of voting or registering during the hours designated for voting or registration process but only for the time required to complete the voting or registration process.
(J) It is prohibited for a sex offender to be on or within a safety zone for the following specified locations or to loiter or prowl upon locations adjacent to a safety zone:
(1) Business or transient facilities which may include but are not limited to day care centers except while the sex offender is in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from the facility, or while attending an activity in the facility with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) or while on the facility grounds for a facility related activity with the permission of the facility;
(2) Business or transient facilities which may include but are not limited to video arcades, transient carnivals, transient zoos, or school bus stops while any child or children are present. This includes the parking areas designated for use in connection with the business or transient facilities.
(3) For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the facility primarily designed for use by, or are primarily used by children.
(4) This prohibition does not apply to single trips while traveling past a location specified in this section while enroute to another destination.
(5) This prohibition does not apply to traveling to or from or attendance at religious services.
(6) This prohibition does not apply to traveling to or from or being at a government building for the purpose of conducting official business.
(7) This prohibition does not apply to the sex offender's place of residence when regulated by state law such as R.C. § 2950.034 as it may be amended or replaced.
(8) This prohibition does not apply to a sex offender that is at a permanent facility when the facility is a voting or voter registration location and the sex offender is present for the purposes of voting or registering during the hours designated for voting or registration process, but only for the time required to complete the voting or registration process.
(K) For all activities involving the dropping off or picking up of a child or children as authorized above, or attending an activity involving a child or children as authorized above or traveling, attending services, or conducting official business, the sex offender may not remain or loiter any longer than is reasonably necessary to accomplish the task.
(L) School officials, park workers, library staff, YMCA and YWCA staff, Boys and Girls Club staff, day care operators, video arcade, amusement park and zoo workers and all others working at permanent or business facilities primarily designed for use by, or primarily used by children are encouraged to assist law enforcement in its efforts to protect children.
(M) Penalties. The city may pursue any enforcement action or legal remedy available under controlling state law and any legal remedy available to the city to include, but not be limited to, a fine not exceeding $500 or by imprisonment for a term not exceeding 60 days or by both fine and imprisonment, unless otherwise authorized by law. Each separate occurrence shall be a separate violation of this section.
(N) Preemption and sunset. In the event any state or federal law is enacted which is more restrictive in nature as to where a sex offender may physically be located, those portions of this section that conflict with the state or federal law will cease to be in effect. In addition, this section shall automatically sunset upon the effective date of any state or federal law which preempts other regulations related to the subject matter and restrictions contained in this section.
(Ord. 2011-033, passed 4-26-11)