Note: Prior code history: Prior code §§ 6A-1 through 6A-10.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Certificate of registration"
means authority to carry on and operate a child care facility issued by the state of Wyoming Department of Family Services, operating as the agency which issues certificates and registrations, makes inspections, enforces the standards, and handles all administrative details relating to the enforcement of state statutes relating to child care facilities.
"Child care center (CCC)"
means any private person, partnership, association, or corporation that is operating a business, for profit or otherwise, where 16 or more children receive care for part of the day. The definition of child care facility shall also include the definition of group foster home contained hereinafter.
"Child care permit"
means the permit issued by the board of adjustment granting permission to operate a child care facility in a residential zoned location.
"Family child care center (FCCC)"
means a child care facility in which care is provided for a maximum of 15 unrelated children for part of a day, which may be in a residential or commercial type structure.
"Family child care home (FCCH)"
means a child care facility in which care is provided for three to 10 unrelated children from more than one immediate family for part of a day in the home of the provider.
"Group foster home"
means any private person, partnership, association or corporation which is operating a business for profit or otherwise where children, age 10 through 19 years are kept and cared for in a family environment at the request of their parents, legal guardian, or agency which has responsibility of foster care; provided, however, that no group foster home shall be occupied by more than six children not related by blood or marriage in a Residence B district within the city.
"Multiple location facility"
means any of the above-listed facilities located at multiple locations.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
No person, partnership, association, or corporation shall operate or maintain a child care center, family child care home, family child care center, group foster home, or in any residential district within the city of Riverton without first obtaining a child care permit.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
No child care center, family child care home, or family child care center shall keep or care for a number of children greater than the number of children for which it has a state license.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
Only persons having filed an application for a state of Wyoming child care license may be granted a child care permit. Any child care permit granted shall be contingent upon the applicant receiving a state of Wyoming child care license. Any person holding a current license or other evidence of permission from the state of Wyoming Department of Family Services may file an application for a child care permit to operate a child care facility with the community development department, setting forth the following:
A. 
The person's name and address;
B. 
Certificate number or other identifying information or other evidence of permission;
C. 
Location of the child care facility;
D. 
Type of child care facility;
E. 
Number of full-time and part-time children to be cared for.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
The city shall inspect the facility for compliance for applicable codes at initial application and with each renewal.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
The community development department shall receive from the applicant a child care permit application, the application fee which shall be set by resolution of the council from time to time. Notification of owners of land within 140 feet of the proposed facility shall be sent 1st class regular mail and sent by city staff with the initial application and not with renewal applications. The community development department shall set a date for hearing. Applicant must be present at the hearing for initial application, but need not be present for renewal applications. Public notice of hearing will be published once, at least seven days before hearing, in the official newspaper.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
After the hearing on the application, the board of adjustment may authorize a child care permit with any special provisions placed thereon, a temporary permit pending issuance of a certificate or may deny the application. If there are protests against the issuance of the permit, signed by the owners of 20% or more of the lots within a distance of 140 feet, the permit may be issued only upon affirmative vote of three-fourths of all the members of the governing body. In determining the 140 feet, the width of any intervening street or alley shall not be included.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
A child care permit issued pursuant to this chapter shall be valid for a period of one year and shall be automatically terminated if the license issued by the state of Wyoming shall expire, be revoked or otherwise be no longer in force or effect. Any person holding a child care permit shall make application annually for its renewal before 30 days of its expiration and shall make payment of renewal fees as shall be established by the council. Notification of owners of land is not required for renewals. Applicant is not required to attend the hearing for renewal of application. The board of adjustment shall set a public hearing on such renewal and may grant, deny or alter such permit as it shall establish at the hearing.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
Complaints against child care facilities holding a child care permit shall be submitted in writing to the city. The city shall send a copy of all complaints to the local Wyoming Department of Family Services office. After three complaints are so received within any six-month period, or at the request of the local Wyoming Department of Family Services office, the community development department shall set a public hearing to consider revocation of the child care permit. Public notice of this hearing shall be published once, at least seven days before the hearing, in the official newspaper and shall be mailed by U.S. mail to those who have submitted complaints and to the holder of the child care permit. The board of adjustment may take action as set forth below whether the holder of the child care permit is or is not present at the public hearing. After a public hearing, the board of adjustment may attach additional provisions to the child care permit or may revoke the child care permit by establishing any of the following:
A. 
The facility constitutes a public nuisance;
B. 
Violations of any state, local or federal rules, laws or ordinances.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)
The community development department may issue a temporary child care permit with appropriate terms and conditions as approved by the building inspector and the Wyoming Department of Family Services. A temporary child care permit may not be issued for longer than six months.
(Ord. 05-010, 2005; Ord. 15-002 § 1, 2015)