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)