Ohio Revised Code Section 2950.034
Prohibiting offender from establishing residence near school.
Prohibition: (A) No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense or a child-victim oriented offense shall establish a residence or occupy residential premises within one thousand feet of any school premises or preschool or child day-care center premises.
Penalty: (B) If a person to whom division (A) of this section applies violates division (A) of this section by establishing a residence or occupying residential premises within one thousand feet of any school premises or preschool or child day-care center premises, an owner or lessee of real property that is located within one thousand feet of those school premises or preschool or child day-care center premises, or the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which the person establishes the residence or occupies the residential premises in question, 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.
Definitions: (C) As used in this section:
(1) “Child day-care center”
“Child day-care center” and “center” mean
- Any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided; and
- Care is provided for seven or more children at one time.
“Child care” is defined as
- Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;
- By persons other than their parents, guardians, or custodians;
- For part of the twenty-four-hour day;
- In a place other than a child’s own home, except that an in-home aide provides child care in the child’s own home; and
- By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.
“Child day-care center” and “center” do not include any of the following:
- Place operated by a hospital:
A place located in and operated by a hospital, as defined in section 3727.01 of the Revised Code, in which the needs of children are administered to, if all the children whose needs are being administered to are monitored under the on-site supervision of a physician licensed under Chapter 4731. of the Revised Code or a registered nurse licensed under Chapter 4723. of the Revised Code, and the services are provided only for children who, in the opinion of the child’s parent, guardian, or custodian, are exhibiting symptoms of a communicable disease or other illness or are injured;
- Child day camp:
A program in which only school-age children attend or participate, that operates for no more than twelve hours per day and no more than fifteen weeks during the summer. For purposes of this division, the maximum twelve hours of operation time does not include transportation time from a child’s home to a child day camp and from a child day camp to a child’s home.
- A place that provides care, if all of the following apply:
- An organized religious body provides the care;
- A parent, custodian, or guardian of at least one child receiving care is on the premises and readily accessible at all times;
- The care is not provided for more than thirty days a year;
- The care is provided only for preschool-age and school-age children.
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 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.
(3) “Preschool or child day-care center premises”
“Preschool or child day-care center premises” means all of the following:
- Any building in which any “preschool” or “child day-care center” activities are conducted;
- The parcel of real property on which a preschool or child day-care center is situated; and
- Any grounds, play areas, and other facilities of a preschool or child day-care center that are regularly used by the children served by the preschool or child day-care center.
Any “preschool or child day-care center premises” described above must also:
- Have signage that indicates that the building, the parcel of real property on which a preschool or child day-care center is situated, or the grounds, play areas, and other facilities are used for a preschool or child day-care center;
- Be clearly visible and discernible without obstruction, and
- Meet any local zoning ordinances which may apply.
Determining if Location Complies with State Law
- Sexual Offense Registry:
Sometimes the best way to find out if a residence complies with state law is to look at the SORN registry to see if anyone lives nearby. Always verify compliance before you move.
- County Sheriff or County Engineer
Unfortunately, you cannot rely on assurances from any county official that the residence is in compliance; better to walk the property, if you have to, using your Fit Bit or Smart Phone with some distance measuring app. If you don’t have access to technology, find a local reentry office that might have the answers or suggestions.
Determining if Location Complies with Local Ordinances
Unfortunately, once you determine you are in compliance with state law, you are not done. Many local governments have adopted their own restrictions. These laws may take several forms, but the most common are:
- Residency restrictions which exceed state law. Local ordinances may prohibit residency with 2,000 or 2,500 feet of a school, preschool or day-care center.
- Proximity restrictions which prohibit living or assembling near public places. Some jurisdictions may expand restrictions to prohibit living near, or even loitering in the proximity of, parks, playgrounds, public pools, libraries, ball fields, even bus stops.
- Laws which prohibit living with other persons required to register. Self-explanatory.
- Laws which require local registration. Some jurisdictions even require you to register with the chief of police or other government official; some even require this of all felons who visit the area, not just live there.
The best advice is to check with your local library, or the clerk of city council.