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Upper Arlington Sexual Offender Requirements

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Introduction
Effective Midnight April 11, 2007, the City of Upper Arlington has enacted legislation pertaining to convicted sexual offenders, requiring that they register with the City’s Police Division if they live and/or work within the City’s boundaries. It also prohibits convicted sexual offenders from living or working within 1,000 feet of any school premises, licensed daycare facility, preschool, public park, swimming pool, library, or playground.

While these laws are designed to help protect families, parents should continue to be aware of and take proactive steps to protect their children from such dangers. The Police Division offers various educational seminars on stranger danger, Internet Predators and other relevant topics, and can direct you to useful resources and Web sites.

Resident Notification
In addition to the notification requirements within the Ohio Revised Code, residents will be notified by the Police Division within five business days of learning that a convicted sexual offender resides or works within 1,000 feet of your residence. Such notification will be via hand carried notification, mailing, or electronically. In most circumstances, this notification will be via US Mail.

As part of the notification, you will receive the name, address, crime and an image of the offender, as long as the information is verifiable and reliable.

The Police Division will use best efforts to provide reliable information for the purposes of notification, generally relying on government sources.

Requirements for Convicted Sexual Offenders
Residence and Employment Restrictions
An offender may not establish a residence or occupy residential premises or be employed within one thousand (1,000) feet of any school premises, licensed daycare facility, preschool, any public park, swimming pool, library, or playground. A private residential pool does not apply.

Registration Requirement
An offender must register personally with the Upper Arlington Chief of Police within five days of the offender’s coming into the City.

If the offender is domiciled, whether permanently or temporarily for more than seven consecutive days, the offender must register.

If the offender is employed, whether permanently or temporarily for more than seven consecutive days or for an aggregate period of 30 or more days in a calendar year, the offender must register.

Failure to register is a misdemeanor
of the first degree.

Definitions
Offender Types
Sexual Predator: A person convicted of, or who has pleaded guilty to, committing a Sexually Oriented Offense and who is likely in the future to commit additional Sexually Oriented Offenses. Sexual Predators are subject to registration/verification requirements (at 90 day intervals) for life unless a judge modifies or terminates the Sexual Predator designation.

Child Victim Predator: A person convicted of, or who has pleaded guilty to, committing a Sexually Oriented Offense on a person under 18 years of age, not the child of the person committing the offense, and who is likely in the future to commit additional Sexually Oriented Offenses. Child Victim Predators are subject to registration/verification requirements (90 day intervals) for life unless a judge modifies or terminates the Child Victim Predator designation.

Habitual Sex Offender: A person convicted of, or who has pleaded guilty to committing a Sexually Oriented Offense, and who previously has been convicted of or pleaded guilty to one or more Sexually Oriented Offenses. Habitual Sex Offenders are subject to registration/verification requirements annually for a period of 20 years after release.

Habitual Child Victim Offender: A person convicted of, or who has pleaded guilty to committing a Sexually Oriented Offense, on a person, under 18 years of age, not the child of the person, and who previously has been convicted of or pleaded guilty to one or more Sexually Oriented Offenses. Habitual Child Victim Offenders are subject to registration/ verification requirements annually for a period of 20 years after release.

Sexually Oriented Offender: A person convicted of, or pleaded guilty to committing a Sexually Oriented Offense, but who has not been designated as a Sexual Predator or Habitual Sex Offender. Sexually Oriented Offenders are subject to the registration/verification requirements annually for a period of 10 years after release.

Answers to Frequently Asked Questions
I believe an offender lives in my neighborhood in an area within 1,000 feet of a park or other prohibited area. What can I do?
Contact the Police Division, who will research your information. If they find that the offender is in violation of the law, they will take appropriate action. Do not expect a quick resolution. The Police Division must be thorough with the investigation and comply with the requirements of the law. This offender is not committing a criminal act and the Police must provide documentation for the City Attorney to pursue injunctive relief, a civil process.

I was not notified of an offender but my neighbor was notified. What happened?
The mapping used to determine the affected area may have put your residence outside 1,000 feet. Contact the Police Division to verify your geographic area. You may also sign up for email notification of convicted sexual offenders through the Franklin County Sheriff, at www.sheriff.franklin.oh.us.

My neighbor has a pool, does it apply?
No. Private residential pools are not applicable to the ordinance.

My children are home schooled. Does the ordinance apply?
No, A school must be a chartered school or non-chartered school that filed with the Department of Education.

Updated 4/07

Police Division
Cty of Upper Arlington
3600 Tremont Road
Upper Arlington, OH 43221
Phone: 614-583-5150
www.ua-ohio.net