(a) No person who has been convicted of, is convicted of, has pleaded 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 and has been classified as a sexual predator shall establish a residence or occupy residential premises within one thousand (1,000) feet, of any school premises, daycare, preschool, library or public park that is located within the City of Rocky River.
(b) Whoever violates subsection (a) hereof by establishing a residence or occupying residential premises within one thousand (1,000) feet, of any such school premises, daycare, preschool, library or public park, that is located within the City of Rocky River, the Director of Law has a cause of action for injunctive relief against the person. The City of Rocky River shall not be required to prove irreparable harm in order to obtain the relief.
(c) The City of Rocky River 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 and has been classified as a sexual predator.
(d) 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, daycares, preschools, libraries or public parks, certain persons who have been convicted of, or have plead guilty to, a sexually oriented offense or child victim oriented offense and classified as a sexual predator must not establish a residence or occupy residential premises within one thousand (1,000) feet of any school premises, daycare, preschool, library or public park.
(e) Council adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio R.C. 2950.02.
(f) The City of Rocky River adopts the definitions now and hereafter in effect for school premises, daycare or public park as defined by the law of Ohio.
(g) It is hereby declared to be the intention of Council that the sections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or section of this section 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 sections of this section, because the same would have been enacted by Council without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph or section.
(Ord. 164-05. Passed 1-9-06.)