For purposes of this article, a child care facility is defined as follows:
(1) 
Child care facility: A facility where child care occurs, and the primary purpose is to provide care for children whose parents or guardians find such care vital to establishing and maintaining a viable home for such children. The term “child care” shall be applied where:
(A) 
Care and supervision is provided for more than six (6) children, exclusive of persons in the immediate family of the center operator;
(B) 
Care is provided on a regular basis at least once a week; and
(C) 
The activity is intended to provide child care at least twenty-six (26) weeks per year.
(2) 
The term “child care” shall not apply to:
(A) 
Activities and programs of schools accredited by the central education agency, whether before, during, or after regular class hours; or
(B) 
Activities and programs of an organization existing primarily as a community service, entity or activity, such as the Boys Club, Girls Club, Boy Scouts and Girl Scouts, where membership or utilization in such organizations is elective in nature and for which parents have the means and time in which to make their own investigations and where a substantial purpose of said organization is other than child care.
(Ordinance 221, sec. I, adopted 6/27/85)
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 221, sec. 2, adopted 6/27/85; Ordinance 246 adopted 1/28/88)
All of the regulations provided in this article are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the city council or any city official or employee charged with the enforcement of this article acting for the city in the discharge of his duties shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties.
(Ordinance 221, sec. 5, adopted 6/27/85)
Any violation of this article can be enjoined by a suit filed in the name of the city in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this article or in the code of the city.
(Ordinance 221, sec. 6, adopted 6/27/85)
The various requirements for permits, licenses, and such administrative functions of this article shall require the payment of fees submitted to the city in an amount approved by the city council by resolution. Fees shall not be refundable.
(Ordinance 221, sec. XIV, adopted 6/27/85)