[Ord. 860, 9/30/1991, § 1]
This Part shall be known as the "Child Day Care Ordinance of
the Borough of Hatboro."
[Ord. 860, 9/30/1991, § 2]
It is the primary purpose of this Part to preserve and protect
the existing character and tranquility of the residential neighborhoods
in the Borough of Hatboro, and at the same time to permit to a limited
extent and not inconsistent with the primary purpose, the in-home
business of child day care, whether for profit or otherwise.
[Ord. 860, 9/30/1991, § 3]
1. In interpreting this Part, the singular shall include the plural
and the masculine shall include the feminine. The word "person" includes
natural person, partnership, firm, association, corporation, or Borough
authority.
2. The following words when used in this Part shall have the meanings
ascribed to them in this section, except in those instances where
the context dearly indicates otherwise.
BOROUGH
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, in the United States of America.
BOROUGH COUNCIL
The duly elected members of the Borough Council of the Borough
of Hatboro.
BOROUGH OFFICIAL
A duly appointed official of the Borough of Hatboro designated
to enforce this Part.
CAREGIVER
A person who is responsible for the direct care, protection,
and guidance of a child in a child day care center, family day care
home, or group day care home.
CHILD
A person under 16 years of age.
CHILD DAY CARE CENTER
A business, whether for profit or not for profit, established
to provide child care for seven or more children at any one time,
where the child care areas are not located in a structure used as
a residence.
FAMILY DAY CARE HOME
A business, whether for profit or not for profit, established
to provide child care for four to six children who are not relatives
of the caregiver and where the facilities are established in a structure
used as a residence by the principal caregiver.
GROUP DAY CARE HOME
A business, whether for profit or not for profit, established
to provide child care for seven to 12 children who are not relatives
of the caregiver and where the facilities are established in a structure
used as a residence by the principal caregiver.
RELATIVE
As used herein means a person with a blood or legal relationship
to a child; mother, father, legal guardian, stepmother, stepfather,
grandmother, grandfather, sister, brother, stepsister, stepbrother,
aunt, uncle, niece, or nephew.
[Ord. 860, 9/30/1991, § 4]
1. All caregivers operating a child day care center, family day care
home, or group day care home in the Borough of Hatboro shall comply
with all applicable federal, state, county, and local laws, ordinances,
and regulations.
2. All caregivers operating a child day care center in the Borough of
Hatboro shall provide the Borough of Hatboro with a copy of the license
to operate a child day care center issued by the Department of Public
Welfare of the Commonwealth of Pennsylvania, and must file copies
of renewed licenses annually with the Borough. Operation of a child
day care center in the Borough of Hatboro on a provisional certificate
of compliance issued by the Department of Public Welfare requires
prior approval from Borough Council.
3. All caregivers operating a family day care home or group day care
home in the Borough of Hatboro shall provide to the Borough a copy
of certificate of compliance issued by the Department of Public Welfare
of the Commonwealth of Pennsylvania, and must file copies of renewed
certificates of compliance annually.
4. All caregivers operating a child day care center, family day care
home, or group day care home shall execute a consent to the Borough
that will allow the Department of Public Welfare to notify the Borough
of Hatboro of the termination or revocation of a license to operate
a child day care center or a certificate of compliance for the operation
of a child day care home or group day care home.
[Ord. 860, 9/30/1991, § 5]
1. The following categories, commonly referred to as babysitting, are
not considered a business to be regulated under the provisions of
this Part, and shall be permitted in any residence in the Borough
of Hatboro.
A. The in-home care for profit or not for profit of any number of children
by a relative of the children.
B. The in-home care for profit or not for profit of up to three children
who are not relatives of the caregiver.
C. The in-home care for profit or not for profit of more than three
children who all have at least one common parent but are not relatives
of the caregiver.
2. Child care services furnished in places of worship during religious
services, or by volunteer caregivers during school or social events,
are not considered a business to be regulated under the provisions
of this Part.
3. It shall be unlawful for any person to continue to operate a family
day care home, group day care home, or child day care center after
revocation of license or certificate of compliance by the Commonwealth
of Pennsylvania, or after being found to be in violation or noncompliance
of regulations for operation of such facilities by the Department
of Public Welfare of the Commonwealth of Pennsylvania.
[Ord. 860, 9/30/1991, § 6; as amended by Ord. 907,
9/23/1996, § 13-206]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.