(a) No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to either a sexually oriented offense or a child victim oriented offense shall establish a residence or occupy residential premises within 1,000 feet of any school premises, preschool, child daycare center premises, Village-owned or maintained playground, Village-owned or maintained park, or Village-owned or maintained swimming pool.
(b) If a person, to whom subsection (a) hereof applies, violates such subsection by establishing a residence or occupies residential premises within 1,000 feet of any school premises, preschool, child daycare center, Village-owned or maintained playground, Village-owned or maintained park, or Village-owned or maintained swimming pool, an owner or lessee of real property that is located within 1,000 feet of those school premises, preschool, child daycare center premises, Village-owned or maintained playground, Village-owned or maintained park, or Village- owned or maintained swimming pool, the Utica Village Solicitor has a cause of action for injunctive relief against the person. The plaintiff shall not be required to prove irreparable harm in order to obtain the relief.
(c) As used in this section:
(1) “Child daycare center” has the same meaning as in Ohio R.C. 5104.01.
(2) “Preschool” means any public or private institution or center that provides early childhood instructional or educational services to children who are at least three years of age but less than six 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 daycare 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 subsection.
(3) “Preschool or child daycare center premises” means all of the following:
A. Any building in which any preschool or child daycare center activities are conducted if the building has signage that indicates that the building houses a preschool or child daycare center, is clearly visible and discernable with obstruction, and meets any local zoning ordinances which may apply;
B. The parcel of real property on which a preschool or child daycare center is situated, if the parcel of real property has signage that indicates that a preschool or child daycare center is situated on the parcel, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;
C. Any grounds, play areas, and other facilities of a preschool or child daycare center that are regularly used by the children served by the preschool or child daycare center if the grounds, play areas, or other facilities have signage that indicates that they are regularly used by children serviced by the preschool or child daycare center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply. (Ord. 09-019. Passed 2-8-10.)