"Child-Victim Oriented Offender" means any person who has committed a child-victim oriented offense as defined in Section 2950.01(D) of the Ohio Revised Code.
"Child-Victim Oriented Offense" has the same meaning as Section 2950.01(S)(1) of the Ohio Revised Code.
"Day-care or Child Day-Care Center" has the same meaning as Section 5104.01 of the Ohio Revised Code.
"Employed" means to work, to contract work, to be permitted to work, or to perform volunteer service and to be physically present within the geographical limits of the Village of Russells Point by an employer regardless of the location of the principal place of business.
"Harmful to Juveniles" means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:
(1) The material or performance, when considered as a whole, appeals to the prurient interest in sex of juveniles.
(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.
"Juvenile" means an unmarried person under the age of eighteen (18).
"Library" means any public library.
"Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.
"Mental Health Client or Patient" has the same meaning as in Section 2305.51 of the Ohio Revised Code.
"Mental Health Professional" has the same meaning as in Section 2305.115 of the Ohio Revised Code.
"Minor" means a person under the age of eighteen (18).
"Multi-unit Building" has the same meaning as Section 2950.01 (V) of the Ohio Revised Code.
"Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernible turgid state.
"Obscene" means when considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is obscene if any of the following apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;
(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
"Performance" means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.
"Playground or Public Park" means any open, improved or unimproved lands owned, leased or controlled by the Village of Russells Point or any other city, which are used or designated as a playground, park, parkland or waterway and that are open to the general public, or those areas of private property used or designated as a playground or park area that are open to the general public.
"Preschool" means any public or private institution or center that provides early childhood instructional or educational services to children who are at least three (3) years of age but less than six (6) 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.
"Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
"Public Swimming Pool" means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving or bathing that is intended to be used collectively for swimming, diving or bathing and is operated by any person whether as the owner, lessee, operator, licensee or concessionaire, regardless of whether or not a fee is charged for use, but does not mean any public bathing area or private residential swimming pool.
"Residential Premises" has the same meaning as Section 2950.01 (T) of the Ohio Revised Code.
"Residential Unit" has the same meaning as Section 2950.01 (U) of the Ohio Revised Code.
"Sado-Masochistic Abuse" means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
"School" means any of the following:
(1) Any school chartered under Section 3301.16 of the Ohio Revised Code and any nonchartered school that during the preceding year filed with the Ohio Department of Education in compliance with Rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the pupil certifying that the school meets Ohio minimum standards for non-chartered, nontax-supported schools; or
(2) The same meaning as Section 2925.01 (Q) of the Ohio Revised Code.
"School Building" means any building in which any of the instruction, extracurricular activities or training provided by a school is conducted, whether or not any instruction, extracurricular activities or training provided by the school is being conducted in the school building at the time a criminal offense is committed.
"School Premises" means either of the following:
(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased by a board of education of a school or the governing body of a school for which the state board of education prescribes minimum standards under Section 3301.07 of the Ohio Revised Code and on which some of the instruction, extracurricular activities, or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed; or
(3) The same meaning as Section 2925.01 (R) of the Ohio Revised Code.
"Sex Offender" has the same meaning as Section 2950.01 (B) of the Ohio Revised Code.
"Sexual Activity" means sexual conduct or sexual contact, or both.
"Sexual Conduct" means vaginal intercourse between a male and a female; and anal intercourse, fellatio and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
"Sexual Contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
"Sexual Excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
"Sexually Oriented Offense" has the same meaning as Section 2950.01(A) of the Ohio Revised Code.
"Specified Geographical Notification Area" has the same meaning as Section 2950.11 (L) of the Ohio Revised Code.
"Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:
(1) When the parties have entered into a written separation agreement authorized by Section 3103.06 of the Ohio Revised Code;
(2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation;
(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.
"Tier I Sex Offender/Child-Victim Offender" has the same meaning as Section 2950.01(E) of the Ohio Revised Code.
"Tier II Sex Offender/Child-Victim Offender" has the same meaning as Section 2950.01 (F) of the Ohio Revised Code.
"Tier III Sex Offender/Child-Victim Offender" has the same meaning as Section 2950.01 (G) of the Ohio Revised Code.
"Waterway" means any city controlled water including, but not limited to, reservoirs, reservoir lands, rivers, lakes, creeks, streams, ponds, fountains, and water filled quarries.
(Ord. 09-1027. Passed 4-6-90.)