The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a person at least 18 years old and able to care for
children in a registered family home in accordance with state and/or
city requirements.
means any person whose primary duty includes direct care,
supervision and guidance of children in a child care center.
means the food in the registered family home which is nutritious
and served in variety and amounts adequate to ensure growth and development.
means immunization as recommended by the American Academy
of Pediatrics against diphtheria, tetanus, pertussis (DPT), poliomyelitis
and measles, mumps and rubella, and necessary documentation required
by the city health department and/or state.
means any child 17 months of age and under.
means a complete document issued to the approved applicant
of a registered family home authorizing operation at a specified location
in accordance with the provisions of this article.
means a private residence permitted by the city as an operation
that regularly provides care for children in a private residence.
means any child between 18 and 24 months of age.
(Ordinance 2007-10-125, sec. 1,
adopted 7/17/09)
Except as stated otherwise, violations of this article are punishable as provided in section 1.01.009.
(Ordinance 2007-10-125, sec. 2,
adopted 7/17/09)
The director of health or designated representative shall have
the authority and responsibility to enforce the provisions of this
article and the state statutes when applicable regarding registered
family homes, which are hereby adopted.
(a)
Authority to inspect or visit.
The director of health
or designated representative shall have the authority to inspect or
visit all such registered family homes at all reasonable times and
as he determines necessary to ascertain if same are being conducted
in conformity with this article or if any conditions exist therein
which require correction. An inspection shall be made at least once
each year.
(b)
Authority to give notice of violation or requirements to comply.
The director of health shall have the authority to give written
notice, on the premises, to the operator of a registered family home,
pertaining to violation of and/or requirements to comply with the
provisions of this article.
(Ordinance 2007-10-125, sec. 3,
adopted 7/17/09)
The applicant for a permit under this article is responsible
for complying with all zoning, building, fire and health ordinances
of the city.
(Ordinance 2007-10-125, sec. 4,
adopted 7/17/09)
(a)
The
maximum number of children that a family home may provide care for
in the caregiver's own residence is not more than six children under
14 years of age, including the caregiver's own children, and after
school hours two additional elementary school siblings of the children
given care, but the total number of children, including the caregiver's
own, does not exceed six during school hours and does not exceed eight
at any other given time, unless otherwise issued a special permit
as set forth in this article.
(b)
In
determining how many children, according to age, [are] cared for in
the family home at one time, all children are counted including the
caregiver's own. The number of children that may be cared for at one
time is shown by the following chart:
|
Preschoolers
|
School Age Children 5 - 13 years
|
Maximum Allowed
| |
|---|---|---|---|
|
0 - 17 months
|
18 months - 4 years
| ||
|
4
|
0
|
2
|
6
|
|
4
|
1
|
1
|
6
|
|
4
|
2
|
0
|
6
|
|
3
|
0
|
4
|
7
|
|
3
|
1
|
3
|
7
|
|
3
|
2
|
2
|
7
|
|
3
|
3
|
1
|
7
|
|
2
|
0
|
6
|
8
|
|
2
|
1
|
5
|
8
|
|
2
|
2
|
4
|
8
|
|
2
|
3
|
3
|
8
|
|
2
|
4
|
2
|
8
|
|
1
|
5
|
2
|
8
|
|
0
|
6
|
2
|
8
|
|
0
|
0
|
8
|
8
|
(Ordinance 2007-10-125, sec. 5,
adopted 7/17/09)
No person shall operate a registered family home without a permit
issued under this article.
(Ordinance 2007-10-125, sec. 6,
adopted 7/17/09)
(a)
Any
person desiring to operate a registered family home operation within
the city shall submit a written application provided by the director
of health or designated representative.
(b)
The
application shall state the name, address and telephone number of
the operator. A general statement as to past experience in child care
activities shall be provided by the applicant.
(c)
In
addition to submission of an application to the director of health
or his designated representative, any person desiring to operate a
registered family home that regularly provides care in the caregiver's
own residence for more than eight children, but not more than 12 children,
under 14 years of age, including the caregiver's own children, shall
make application for a special permit from the city council. The city
council shall conduct a public hearing and, before such hearing, send
written notice of the special permit application to each owner, as
indicated by the most recently approved municipal tax roll, of real
property within 200 feet of the property for which the special permit
applies. The decision of the city council as to the issuance of a
special permit hereunder shall be final. A special permit issued hereunder
shall be subject to the enforcement section of this article.
(Ordinance 2007-10-125, sec. 7,
adopted 7/17/09)
The permit fee for a registered family home shall be as set forth in the fee schedule in appendix A of this code and shall be due and payable at the time such permit is issued and annually thereafter. The fee shall be paid to the department of environmental health of the city. No refund of any permit fee paid hereunder shall be made by the city for any cause.
(Ordinance 2007-10-125, sec. 8,
adopted 7/17/09; Ordinance adopting
Code)
No permit issued under this division shall be deemed to grant
a vested or property right, but such permit shall remain subject to
the terms and provisions of this article and subject to such future
regulations as shall be promulgated by the city council by ordinance
and any investment made by an applicant or permittee shall be made
subject to this article.
(Ordinance 2007-10-125, sec. 9,
adopted 7/17/09)
All permits, when granted and issued under this division, shall
be displayed in a place readily accessible for the inspection by any
city official.
(Ordinance 2007-10-125, sec. 10,
adopted 7/17/09)
Permits issued under this division shall be deemed personal
to the permittee and shall not be assignable and may not be transferred
from one location or from one place of business to another.
(Ordinance 2007-10-125, sec. 11,
adopted 7/17/09)
The director of health shall have the authority after giving
written notice to suspend any permit if he ascertains violations of
immediate danger regarding the premises, toilet facilities, sanitation,
food preparation, storage and handling, storage of chemicals or any
harmful solution, child neglect, potential for injury or death, infectious
diseases, hazards with outdoor play areas, and failure to comply with
applicable city ordinances. Suspension of the permit shall require
the operator to cease all activities immediately and to bring the
registered family home into compliance with directives from the environmental
health department within a prescribed time period. Failure to rectify
designated problems shall lead to revocation of the permit.
(Ordinance 2007-10-125, sec. 12,
adopted 7/17/09)
(a)
Procedure.
The director of health shall have the authority
to revoke any permit if he ascertains failure to comply with the provisions
of this article by the permittee, provided that the following procedure
is followed:
(1)
The director of health, in writing, by certified mail, shall call
to the attention of the permittee the failure to comply with the provisions
of this article and shall specify a reasonable time, not to exceed
one year, by which it is probable that the permittee can remedy such
failure.
(2)
If the permittee fails to comply with the provisions of this article
within the time specified, such director shall give notice in writing
to the operator, permittee, manager or other persons in control of
registered family home that the permit issued is revoked.
(b)
Appeals.
The notice of revocation of a permit shall
become final after the expiration of ten days from the date of service
upon the permittee, operator, manager or other person in charge of
the registered family home, unless on or before the expiration of
ten calendar days the permittee shall file with the city secretary
a written appeal addressed to the city administrator or designated
representative in which it is requested that the city administrator
or designated representative grant the permittee a hearing upon the
question of whether or not the permit shall be revoked. Such appeal,
if made and filed as prescribed in this section, shall stay the revocation
of the permit until such time as the city administrator or designated
representative shall grant a hearing and make a final adjudication.
Such a hearing shall be held within ten calendar days after the date
of filing of such appeal, and such action and judgment of the city
administrator or designated representative, after hearing all the
evidence and facts, shall be final and conclusive as to all parties.
(Ordinance 2007-10-125, sec. 13,
adopted 7/17/09; Ordinance adopting
Code)
