[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.
ZONING HEARING BOARD
The duly appointed Zoning Hearing Board of the Borough of Hatboro.
[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.