[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 5-4-2006 by Ord. No. 12-06. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person under the age of 13.
Any facility which is maintained for the care, development
or supervision of less than six children who attend the facility for
less than 24 hours a day. In the case of a center operating in a sponsor's
home, children who reside in the home shall not be included when counting
the number of children being served. This term shall include, but
shall not be limited to, day-care centers, drop-in centers, nighttime
centers, recreation centers sponsored and operated by a county or
municipal government recreation or park department or agency, day
nurseries, nursery and play schools, cooperative child centers, centers
for children with special needs, centers serving sick children, infant-toddler
programs, school-age child-care programs, employer-supported centers,
centers that have been licensed by the Department of Human Services
prior to the enactment of the "Child-Care Center Licensing Act," P.L.
1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), and kindergartens that are
not an integral part of a private educational institution or system
offering elementary education in grades kindergarten through sixth,
seventh or eighth. This term shall not include:
A program operated by a private school which is run solely for
educational purposes. This exclusion shall include kindergartens,
prekindergarten programs or child-care centers that are an integral
part of a private educational institution or system offering elementary
education in grades kindergarten through sixth, seventh or eighth;
Centers or special classes operated primarily for religious
instruction or for the temporary care of children while persons responsible
for such children are attending religious services;
A program of specialized activity or instruction for children
that is not designed or intended for child-care purposes, including,
but not limited to, Boy Scouts, Girl Scouts, 4-H clubs, and Junior
Achievement, and single-activity programs such as athletics, gymnastics,
hobbies, art, music, and dance and craft instruction, which are supervised
by an adult, agency or institution;
Youth camps required to be licensed under the "New Jersey Youth
Camp Safety Act," P.L. 1973, c. 375 (N.J.S.A. 26:12-1 et seq.). To
qualify for an exemption from licensing under this provision, a program
must have a valid and current license as a youth camp issued by the
Department of Health. A youth camp sponsor who also operates a child-care
center shall secure a license from the Department of Human Services
for the center;
Day training centers operated by or under contract with the
Division of Developmental Disabilities within the Department of Human
Services;
Programs operated by the board of education of a local public
school district that is responsible for their implementation and management;
A program such as that located in a bowling alley, health spa
or other facility in which each child attends for a limited time period
while the parent is present and using the facility;
A child-care program operating within a geographical area, enclave
or facility that is owned or operated by the federal government;
Privately operated infant and preschool programs that are approved
by the Department of Education to provide services exclusively to
local school districts for handicapped children, pursuant to N.J.S.A.
18A:46-1 et seq.
A natural or adoptive parent, guardian, or any other person
having responsibility for, or custody of, a child.
Any individual, corporation, company, association, organization,
society, firm, partnership, joint-stock company, the state or any
political subdivision thereof.
Any person owning or operating a child-care center.
No person shall conduct, maintain or operate a child-care center
unless a license has been obtained from the Township pursuant to the
terms of this chapter. A separate license shall be obtained for each
location. The license shall be posted and displayed by the sponsor
at all times in a prominent location within the center. No license
issued pursuant to this chapter shall be transferable. A change in
the sponsor of a licensed child-care center shall require notification
to the Township within 14 calendar days and reapplication for licensure.
A.
The Township shall have responsibility and authority to license and
inspect child-care centers.
B.
The Township shall conduct an on-site facility inspection and shall
determine whether the center complies with the provisions of this
chapter.
C.
The Township shall have the authority to inspect and examine the
physical plant or facilities of a child-care center and to inspect
all documents, records, files or other data maintained by the center
that in any way relate to the physical plant or facilities during
normal operating hours and without prior notice.
D.
The Township shall request the appropriate local fire, health and
building officials to conduct examinations and inspections to determine
compliance with state and local ordinances, codes and regulations
by a child-care center. The inspections shall be conducted and the
results reported to the Township within 60 days after the request.
A.
Any person operating a child-care center on the effective date of
this chapter or desiring to operate a child-care center shall make
application in the manner and on the forms prescribed by the Township.
The license application form shall include, but shall not be limited
to, the following information: the name and address of the child-care
center, its sponsor, the staff, the qualifications of the staff members,
each member of the board of directors of the corporation, the child-care
center operator if different from the sponsor, a description of the
center's premises, facilities and programs, the number and age of
children to be enrolled in the center and the hours of its operation.
B.
If a child-care center meets the requirements of this chapter, the
Township shall issue a license to the center. A license shall be valid
for a period of three years and may be renewed at the end of that
period, subject to continued compliance with the provisions of this
chapter.
A child-care center shall pay a fee as set forth in Chapter 235, Fees, to apply for each license, to help defray the cost to the Township of the inspections of the child-care center.
If the Township determines that, although in substantial compliance,
a child-care center does not meet all the applicable provisions of
this chapter, but that the extent of the center's deviation from legal
requirements is not deemed hazardous to the education, health, safety,
general well-being, and physical and intellectual development of the
children, the Township may issue a temporary license which may be
issued for a period up to six months. The Township may renew the temporary
license as often as it deems necessary, but no child-care center may
operate with a temporary license for more than a total of 18 consecutive
months.
The Township may deny, suspend, revoke or refuse to renew a
license for good cause, including, but not limited to:
A.
Failure of a child-care center or its sponsor to comply with the
provisions of this chapter;
B.
Use of fraud or misrepresentation by a child-care center or its sponsor
in obtaining a license or in the subsequent operation of the center;
C.
Refusal by a center or its sponsor to furnish the Township with required
files, reports or records;
D.
Refusal by a center or its sponsor to permit an inspection by an
authorized representative of the Township during normal operating
hours;
E.
Any conduct, engaged in or permitted, which adversely affects or
presents a serious hazard to the education, health, safety and general
well-being and physical and intellectual development of a child attending
the child-care center, or which otherwise demonstrates unfitness to
operate a child-care center.
