[HISTORY: Adopted by the Town of Marlborough effective 12-30-1990 (§ H.7
of the Town Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 340.
It is hereby declared that adult day care is a necessary alternative
to institutional care, which affects the public health, safety and
general welfare.
The Town hereby adopts the Standards for Adult Day Care, dated
May 1979, prepared by the National Institute on Adult Day Care, a
constituent unit of the National Council on the Aging, which standards
are on file in the Town Hall and are incorporated herein by reference.
It shall be unlawful for any person to engage in, conduct or
carry on or permit to be engaged in, conducted or carried on, in or
upon any premises in the Town, the operation of adult day care for
two or more unrelated adults without first having obtained a permit
from the Director of Health.
Every applicant for a permit to engage in, conduct or carry
on adult day care on premises in the Town shall file an application
with the Director of Health on a form promulgated by the Director
of Health and pay a filing fee of $100 payable to the Town of Marlborough.
The form of application shall require information from the applicant
which will enable the Director of Health to ascertain whether the
proposed adult day care operation is consistent with the Standards
for Adult Day Care.
Permits granted under this chapter are not transferable.
An adult day care permit may be revoked or suspended after a
public hearing before the Board of Selectmen where it appears that
the permittee has violated the Standards for Adult Day Care.
The Director of Health, or his designee, before revoking or
suspending any permit, shall give the permittee at least 10 days'
written notice of the violations and the opportunity for a public
hearing before the Board of Selectmen, at which time the permittee
may present evidence bearing upon the question. In such cases the
violations charged by the Director of Health shall be specific and
in writing.
Any person or entity engaging in, conducting or carrying on
or permitting the engaging in conducting or carrying on of adult day
care, as defined herein, in or upon any premises in the Town without
a permit shall be subject to a fine of not more than $100 for each
violation. Each day a violation continues shall be considered a separate
violation.
