2013-48

ORDINANCE AMENDING EXISTING MARION CITY CODE CHAPTER 666 BY ADOPTING A NEW PROVISION TO BE REFERRED TO AS 666.19 RESIDENTIAL OCCUPANCY OF SEX OFFENDERS WITHIN CITY OF MARION, OHIO, AS AMENDED

WHEREAS, Council finds the need to add a new provision to Section 666 of the Marion City Code.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARION, STATE OF OHIO

Section 1. The Council adopts and incorporates into the existing Chapter 666 the following section:

§ 666.19 Residential Occupancy of Sex Offenders

(A) No person who has been convicted of, is convicted of, or 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, shall establish a resident or occupy a residential premises within one thousand (1000) feet of any school premises, preschool, daycare center, public park, library, public pool, Boys & Girls Clubs, local YMCA or YWCA; or any city operated recreational facilities located in the City of Marion.

(B) If a person to whom Section 1 of this ordinance applies violates Section 1 of this ordinance by establishing a residence within one thousand five hundred (1500) feet of any school premises, preschool, daycare center, public park, library, or public pool, Boys & Girls Clubs, local YMCA or YWCA; or any city operated recreational facilities that is located within the City of Marion, then the Director of Law has a cause of action for injunctive relief against the person. The City of Marion shall not be required to prove irreparable harm in order to obtain the relief.

(C) That the City of Marion 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, or pleads or 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

(D) That the Council of the City of Marion adopts the determinations and intent of the Ohio General Assembly as articulated in Ohio Revised Code Section 2950.02.

(E) That the City of Marion adopts the definitions now and hereafter in effect for school premises, preschool, daycare center, public park, library or public pool, Boys & Girls Clubs, local YMCA or YWCA; or any city operated recreational facilities located in the City of Marion as defined by the law of Ohio.

(F) That is hereby declared to be the intention of the Council of the City of Marion that the sections, paragraphs, sentences, clauses, and words of this ordinance are severable and if any word, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining words, clauses, sentences, paragraphs, and sections of this ordinance, because the same would have been enacted by the Council of the City of Marion without the incorporation of this ordinance of any such unconstitutional or invalid word, clause, sentence, paragraph or section.
Section 2. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all deliberation of this Council and any of it s committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

Section 3. That this Ordinance shall be in force from and after the earliest period allowed by law.

 

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Approved: Dave Edwards
President of Council

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Mayor Scott Schertzer

Attest:

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Clerk of Council