(a) Findings and Purpose.
(1) Council hereby adopts the State of Ohio findings about the dangers of sex offenders as stated in Ohio R.C. 2950.02.
(2) Council hereby determines and declares that it recognizes and finds that sexual offenders who commit sexually oriented offenses or child-victim-oriented offenses, as defined in Ohio R.C. Chapter 2950, "Sex Offenders" pose a risk of engaging in further sexually abusive behavior even after being released from imprisonment, a prison term, or other confinement or detention, and that protection of the members of the public from sexual offenders who commit sexually-oriented offenses or child-victim-oriented offenses is a paramount governmental interest.
(3) Council further finds that libraries, public recreation centers and public pools, and public parks are places having a high concentration of children who may be at risk for being victims of sexually abusive behavior.
(b) Definitions. Unless specifically defined in this chapter, and unless the context clearly requires otherwise, any terms contained herein shall have the same meaning as that term has in Ohio R.C. Chapter 2950, "Sexual Predators, Habitual Sex Offenders, Sexually Oriented Offenders":
(1) "Sexual Offender" has the same meaning as in Ohio R.C. 2950.01.
(2) "Sexually-oriented offense" has the same meaning as in Ohio R.C. 2950.01.
(3) "Child-victim-oriented offense" has the same meaning as in Ohio R.C. 2950.01.
(4) "Registration-exempt sexually oriented offense" has the same meaning as in Ohio R.C. 2950.01.
(5) "Residential premises" has the same meaning as in Ohio R.C. 2950.01.
(6) "State-licensed day care center" has the same meaning as in Ohio R.C. 5104.01(L), "child day care center".
(7) "Public recreational centers or public swimming pools owned or operated by the City of Norwood or any of its boards or commissions" means any such public facilities owned or operated by the City of Norwood or the Norwood Recreation Commission including, but not limited to, City-owned parks and playgrounds, City owned or operated swimming pools, and the Norwood Community Center.
(8) "School" or "school premises" has the same meaning as in Ohio R.C. 2950.01.
(9) "Tier I sex offender/child-victim-oriented offender" has the same meaning as in Ohio R.C. 2950.01.
(10) "Tier II sex offender/child-victim oriented offender" has the same meaning as in Ohio R.C. 2950.01.
(11) "Tier III sex offender/child-victim oriented offender" has the same meaning as in Ohio R.C. 2950.01.
(12) "Pre-school premises" has the same meaning as in Ohio R.C. 2950.034.
(c) Unless otherwise authorized by law, no sexual offender, Tier I sex offender/child- victim oriented offender, Tier II sex offender/child-victim oriented offender, and/or Tier III sex offender/child-victim-oriented offender shall establish a residence, dwell or inhabit a residential premises within 1,000 feet of any school premises, preschool premises, libraries, state-licensed day care centers, and/or any public recreational center or public swimming pool owned or operated by the City of Norwood or its boards or commissions.
(d) For the purpose of subsection (c), measurement shall be made in a straight line, without regard to intervening structures or objects, from the lot line of the property which the offender resides, dwells, or inhabits, to the nearest lot line of the school premises, pre-school premises, libraries, state-licensed day care centers and/or any public recreational center or public swimming pool owned or operated by the City of Norwood or its boards or commissions.
(e) If a sexual offender, Tier I sex offender/child-victim-oriented offender, Tier II sex offender/child-victim-oriented offender, and/or Tier III sex offender/child-victim-oriented offender to whom this section applies violates this section by establishing a residence, dwelling or inhabiting a residential premises within 1,000 feet of any school premises, preschool premises, libraries, state-licensed day care centers, and/or any public recreational center or public swimming pool owned or operated by the City of Norwood or its boards or commissions, the City of Norwood shall have a cause of action as stated in Ohio R.C. 2950.034 for injunctive relief against the person, to be pursued by action of the City Law Director, to remedy any such violation. The costs of such action shall be assessed to the Defendant at the successful conclusion of such action. Further, the plaintiff in such a cause of action shall not be required to prove irreparable harm in order to obtain the relief.
(f) If any subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section which shall continue in full force and effect, and to this end the provisions of this section are hereby declared to be severable.
(g) This section shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of the ordinances, codes, or regulations in effect at the time the violation was committed.
(Ord. 13-2010. Passed 3-23-10.)