No person, firm, or corporation shall operate a child care facility
in the city unless and until a permit for such purposes has been issued
by the building inspector for the city and has been approved by the
city council.
(Ordinance 221, sec. I, adopted 6/27/85)
(a)
Application
for a permit to operate a child care facility shall be submitted by
the operator on a form specified by the city.
(b)
The
permit application shall state the name, address, and telephone number
of the permit applicant, and the name and social security numbers
of all employees and staff members of the child care center.
(c)
The
permit application shall indicate the name and street and mailing
addresses of the child care center, and the current zoning of the
property. A site plan shall be submitted, drawn to an accurate scale,
indicating the legal description of the property and showing the indoor
and outdoor areas to be used for the child care facility.
(d)
The
permit application shall affirm that a certificate of occupancy has
been applied for with the building inspection department, its issuance
contingent in part on the successful application for a child care
facility permit.
(e)
The
permit application shall include a certificate of liability insurance
coverage for bodily injury or death of any person entrusted to the
care of the child care center. The amount of said insurance policy
shall not be less than $300,000.00, and a copy of the insurance policy
shall be kept on file in the city secretary’s office.
(Ordinance 221, sec. II, adopted 6/27/85)
A child care facility permit shall be valid for one year from
the date of issuance, unless suspended or revoked as hereinafter provided.
Application for renewal of a permit shall be made on a form specified
by the city. The operator shall contact the city not later than four
weeks prior to impending expiration of the permit. The procedure for
renewal shall require that the operator of the child care facility
confirm the accuracy of the records of the city regarding the facilities,
equipment, manner of operation, employees, etc. Any incorrect information
in the records of the city department for the child care facility
shall be corrected before the permit may be renewed.
(Ordinance 221, sec. III, adopted 6/27/85)
(a)
The
environmental health official or his designee is hereby authorized
to suspend or revoke a child care facility permit for a violation
of any provision of this article. Suspension or revocation of a permit
shall be effected by notice in writing, setting forth the reasons
therefor, and specifying any requirements or schedules of time for
further action related to the suspension or revocation.
(b)
The
following actions shall constitute cause for suspension:
(1)
Failure to respond within specified limits of time regarding violations
observed during official inspections of the premises and operation.
(2)
Violation by the operator or any employee or staff member of the requirements for license as specified in section 4.12.046 of this article.
(3)
Any violation of this article which poses a danger to any child entrusted
to the care of the child care center.
(4)
Failure to keep continually in force the required insurance against
liability for bodily injury or death.
(d)
A
permit that has been suspended may be reactivated only after an official
inspection by the city has confirmed that the condition causing the
suspension has been corrected. Request for reactivation shall be made
to the environmental health official or his designee, and shall be
evaluated as if for the initial application.
(e)
A
permit that has been revoked shall not be reissued.
(Ordinance 221, sec. IV, adopted 6/27/85)
The child care facility permit shall be conspicuously posted
on an inside wall of the main facility, and shall be continuously
displayed in public view.
(Ordinance 221, sec. V, adopted 6/27/85)
(a)
No
person shall operate, be employed, or serve at a child care facility
unless such person is the holder of a valid child care’s worker’s
license issued by the county health department.
(b)
A
child care center may admit a special service instructor such as a
music teacher only after a license has been issued for such a person.
(Ordinance 221, sec. VI, adopted 6/27/85)
The applicant shall submit a license application on a form specified
by the city, which shall state the name, date of birth, sex, residence
address, telephone number and such other information as may be specified.
An impression of the applicant’s fingerprints taken by the city
police department shall be required as part of the application. A
child care worker’s license may be issued by the environmental
health official or his designee only after the license applicant has
requested and received a review by the city police department for
the previous ten years of the license applicant’s criminal history.
A child care worker’s license shall not be issued if a review
of such history shows a record of any conviction of any offense, felony,
or misdemeanor protecting the health, safety, or welfare of a child,
for causing bodily harm to them or any person, or of any offense contained
in titles 5, 6, or chapter 43 of the Texas Penal Code.
(Ordinance 221, sec. VII, adopted 6/27/85)
A child care worker’s license shall be valid for five (5) years from the date of its issuance, unless revoked as hereinafter provided. Application for renewal of a license shall be made on a form specified by the city. The licensee shall contact the city for renewal purposes not later than four (4) weeks prior to the impending expiration of the license. Any incorrect information in the records of the city for the license [shall be corrected and renewal of the license] shall be contingent upon continued compliance with original license qualifications contained in section 4.12.047.
(Ordinance 221, sec. VIII, adopted 6/27/85)
(a)
If a licensee is subject to indictment or criminal complaint for one of the offenses specified in section 4.12.047, it shall be his responsibility to notify the environmental health official or his designee and the operator of each child care facility at which he works. A worker who is the subject of such an indictment or complaint shall not come into contact with the children enrolled at a child care center until he is acquitted or the charges are otherwise dropped.
(b)
The environmental health official or his designee is hereby authorized to revoke a child care worker’s license upon a finding by the environmental health official that a licensee has been convicted of one of the offenses specified in section 4.12.047 or has failed to comply with the requirements of subsection (a) of this section.
(c)
A
license that has been revoked shall not be reissued.
(Ordinance 221, sec. IX, adopted 6/27/85)
A copy of the current child care worker’s license shall
be maintained at the child care center for each of its employees or
staff members. License records shall be available for reviewing upon
request of the environmental health official or his designee.
(Ordinance 221, sec. X, adopted 6/27/85)
Upon finding that the necessary permit or license may not be
issued, or that said permit or license should be suspended or revoked,
or has expired, the environmental health official or his designee
shall, within ten (10) days of the finding, notify the applicant in
writing, specifying the result of the finding and the reasons therefor.
The applicant’s appeal shall be to a court of competent jurisdiction.
(Ordinance 221, sec. XI, adopted 6/27/85)
No permit or license issued under this article shall be used
for any purpose other than the niten [sic] for which it was issued,
nor be transferred or assigned to, or in any manner used by, any person,
firm, or corporation other than the one to whom issued by the environmental
health official.
(Ordinance 221, sec. XII, adopted 6/27/85)
(a)
When the operator of a child care facility has been advised that an indictment or criminal complaint has been filed with the county or district attorney’s office against any person working at the center, alleging that such person has committed one of the offenses specified in section 4.12.047, the operator shall notify the environmental health official not later than the next workday.
(Ordinance 221, sec. XIII, adopted 6/27/85)
