(a) No 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 as defined by Ohio Revised Code shall establish a residence within one thousand (1,000) feet, of any school premises, preschool, daycare, public park, public library, or public pool that is located within the City.
(b) If any person to whom subsection (a) hereof applies violates subsection (a) hereof by establishing a residence within one thousand (1,000) feet, of any school premises, preschool, daycare, public park, public library, or public pool, that is located within the City, the Director of Law has a cause of action for injunctive relief against the person. The City shall not be required to prove irreparable harm in order to obtain the relief.
(c) The City 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.
(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, preschools, daycares, public parks, public libraries and public pools, that certain persons who have been convicted of, or have plead guilty to, a sexually oriented-offense or child-victim oriented offense must not establish a residence within one thousand (1,000) feet of any school premises, preschool, daycare, public park, library or public pool.
(e) Council adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio R.C. 2950.02, and this section shall not be construed in any way so as to limit application of Ohio R.C. 2950.02 or any other section of the Ohio Revised Code.
(f) The City adopts the definitions now and hereafter in effect for school premises, preschool, daycare, public park, public library or public pool as defined by the law of Ohio or as otherwise licensed as such by the City or the County.
(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 unconstitutionally or invalidity shall not effect any of the remaining words, clauses, sentences, paragraphs, and sections of this ordinance, 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. 080205-07. Passed 3-5-08.)