[CC 1990 §14-648; Ord. No. 7013 §1, 5-25-2004]
As used in this Article, the following terms shall have the following definitions:
- Any person eighteen (18) years of age or over.
- Includes an individual who is under the age of eighteen (18) and the word "children" means and includes more than one (1) such individual.
- CHILD DAY CARE HOME
- A family home, occupied as a permanent residence by the day care provider, in which family like care is given. A child day care home with four (4) children or less, not related to the child day care provider, for any part of the twenty-four (24) hour day shall be required to obtain a business license from the City. A child day care home with more than four (4) children, but no more than ten (10) children, not related to the child day care provider, for any part of the twenty-four (24) hour day shall be required to obtain a business license from the City and a license granted by the Missouri Department of Health and Senior Services.
- Any child under the age of twelve (12) months.
- NURSERY SCHOOL
- A school operated by a person or organization which is conducted primarily for education of preschool age children for no more than four (4) hours per child per day and which provides no custodial care.
- Includes any person, firm, corporation, association, institution or other incorporated or unincorporated organization.
- PRESCHOOL CHILD
- Any child two (2) years through five (5) years of age who is not in kindergarten for five (5) year old children.
- Any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother or stepsister.
- SCHOOL AGE CHILD
- Any child age five (5) years or older who is in kindergarten or elementary school.
- SCHOOL SYSTEM
- A public or private school which provides education in at least the first (1st) through the sixth (6th) grade.
- Any child between age twelve (12) months to twenty-four (24) months.
[CC 1990 §14-649; Ord. No. 5596, 3-21-1994; Ord. No. 7013 §2, 5-25-2004]
It shall be unlawful for any person to establish, maintain or operate a child day care home for children or to advertise or hold themselves out as being able to perform any of services as defined in this Article without having in full force and effect a written license granted by the City of Florissant, and if the day care home is providing care for more than four (4) children then such person shall also have a written license from the Missouri Department of Health and Senior Services (State license).
License Application. Annual applications for a child day care home shall be made to the Director of Finance.
Application Forms. Application forms may be obtained from the Director of Finance.
Contents Of Application. The application shall be filed on forms provided by the Director of Finance and shall contain the following:
The name of the person desiring to operate a child day care home;
The address where the person intends to operate the child day care home;
The maximum number of children, including the children of the applicant under the age of thirteen (13), who will be in attendance at the child day care home at any one time;
The names, addresses, Social Security numbers of the applicant and all adults who reside or will be present on the premises on a regular basis. Each person shall execute authorization for the Chief of Police of Florissant and the Missouri State Highway Patrol to conduct a complete State record check of each such person through the Florissant Police Department and/or the Missouri State Highway Patrol;
In the event that the child day care home is providing day care for more than four (4) children, then the applicant shall submit:
A copy of the application made to the State of Missouri for a State child day care home license;
The number of square feet on the premises available for outside recreation of the children;
A site plan or drawing showing:
Any off-street parking;
Structures on the lot including general dimensions of the structure, fences (indicating the height and construction material of the fence);
The location of any bodies of water on the premises or on lots abutting the premises, whether such bodies of water are natural or manmade;
The location of the play area satisfying the minimum play area space requirements;
Cliffs, retaining walls or other abrupt changes in grade on the premises or on abutting lots;
High tension wires on the premises or abutting lots;
Other manmade features of the premises affecting the suitability of the premises for a child day care home.
An application together with an application fee of fifty dollars ($50.00) shall be submitted to the Director of Finance;
License renewal application. Annual renewal applications shall be submitted on forms provided by the Director of Finance along with a copy of the original license application and shall state the information on the original application is still correct or shall state in what manner the application must be changed to reflect the current conditions;
Review of application. The application or renewal application shall be investigated by the Director of Public Works or designee and shall include an on-site inspection of the premises to verify and determine the truth, accuracy and correctness of the application within fifteen (15) days of the date of the application unless otherwise extended with the consent of the applicant;
Standards for imposition of conditions for child day care homes that provide care to more than four (4) children. The Director of Public Works may impose conditions upon the granting of an initial or renewal license, if the Director believes such conditions are necessary to preserve the residential character of the neighborhood. The Director may not impose conditions which would make the operation of the child day care home violate any Federal, State, County or City laws, ordinances or regulations. By way of example, and not limiting the lawful conditions which may be imposed, the following are conditions which may be imposed:
The requirement for the construction of a fence forty-two (42) inches in height to contain the children within the premises of the child day care home;
The requirement that the hours of operation of the child day care home be limited;
The requirement that any assistant or assistants working at the child day care home use available off-street parking so as not to congest neighborhood streets;
In the event that the Director of Public Works determines that there is inadequate parking space to permit the picking up or dropping off of children at the child day care home without congesting traffic or endangering public safety, then the Director may require that the child day care home operator provide off-street, unobstructed, paved pickup space with adequate stacking area;
In the event that the lot on which the child day care home is to be operated contains less than seven thousand five hundred (7,500) square feet, the Director of Public Works may limit the number of children permitted at the child day care home to less than the maximum otherwise permitted by ordinance.
Standards for issuance of initial license. No license shall be issued where:
Limitations pertaining to fitness of applicant. No application shall be approved nor any license shall be issued where the operator, an employee, or any person regularly present on the premises has committed an act demonstrating a lack of fitness to care for children, including child molestation or abuse, a felony, theft, fraud or any other act of moral turpitude.
[CC 1990 §14-650]
No child day care home shall be operated:
By a person who does not personally provide child day care service to the children in attendance at the day care home;
By a person who does not reside in the residence where the child day care home is located;
In a structure which may not lawfully be occupied as a residence under the City ordinance;
Where care is being provided for more children at one time than such operator is licensed under City ordinance or State law to care for on the specific premises;
Where there is less than seven hundred fifty (750) square feet of contiguous, compact outside play area in the rear yard of the premises that is available for outside recreation of the children, regardless of the number of children that are in attendance at the day care home at any one time. The property used in calculating whether the minimum outside play area is satisfied cannot be common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use the property;
Where the operation of the child day care home is in violation of any ordinance affecting health and safety.
[CC 1990 §14-651]
No person shall be issued a license to operate a child day care home for more than ten (10) children not related to the child care provider for any part of the twenty-four (24) hour day unless otherwise provided herein.
[CC 1990 §14-652]
There may be occasions when, due to a change of shifts or because of before and after school care, the number of children in care would exceed for a short period of time the number of children permitted by this Article. The number in care, in these overlap situations, shall never be more than one-third (1/3) over the number of children that is otherwise allowed under ordinance for a period of time not to exceed three (3) hours total in any child care day.
[CC 1990 §14-653]
There may be occasions when schools are closed due to emergencies such as inclement weather. On those days, in order to accommodate enrolled school age children needing day care due to the unscheduled school closing, the home shall be permitted to exceed for the day its licensed capacity by one-third (1/3). This one-third (1/3) excess attendance for emergency school closing shall not be in addition to the one-third (1/3) excess allowed for overlap care, so that at no time may the total number in care be more than one-third (1/3) over the licensed capacity. Emergency school closing overlap shall not be permitted for scheduled days of school closing.
[CC 1990 §14-654]
The operator of the child day care home shall operate the child day care home in such a manner that the residential character of the neighborhood is not disturbed. This means that the operator shall not permit:
Excessive noise in connection with the child day care home which would annoy a person of ordinary sensibilities;
Children to trespass on property where there is no permission for the children to enter;
Operation of the child day care home to damage property of others;
Operation of the child day care home to cause the property on which the day care home is operated to deteriorate the property;
Operation of the child day care home should fit into the neighborhood.
Parents and the Director of Public Works or his/her designee shall have unrestricted access to all care facilities and to visit the children any time unannounced during normal hours of operation. (Parents should be encouraged to make unannounced visits to check on the operation of the day care home and observe the child day care provider daily activities.)
Children shall not be released to any individual not known by the child day care home operator and known to be approved by the parent or guardian for picking up a child or children. The day care home operator should maintain a signed list of individuals approved to pick up a child. The parent should call the operator and inform the operator of who will be picking up a child or children in the event such actions are necessary because the parent or authorized individual normally picking up the child or children is unable to make the pickup on a given day.
[CC 1990 §14-655]
No person operating a child day care home shall fail to show upon request, during normal business hours, a copy of the operator's child day care home licenses issued by the State of Missouri or the City.
[CC 1990 §14-656]
No child day care home which has been issued a license under conditions shall operate in violation of those conditions.
[CC 1990 §14-657]
If the Director of Public Works finds that the child day care home is being operated in violation of any City ordinance or conditions imposed as a condition of the license or finds that all utilities are not being maintained without any interruption in service for non-payment, he/she shall notify the operator that the license will be suspended within five (5) days following delivery of such notice and shall remain suspended until there is a finding that the conditions giving rise to the violation have been abated. If the violations are not promptly remedied, the license may be revoked.
[CC 1990 §14-658]
Any person found to be in violation of any of the provisions contained herein shall be subject to the penalties prescribed under Section 100.080 of the Florissant Code of Ordinances.