[Ord. No. G-1309, 10-1-2024]
A. 
As used in this Chapter, the following terms shall have these prescribed meanings:
CHILD CARE FACILITY
1. 
Any child care center or preschool as defined by K.A.R. 28-4-420; or
2. 
Any family child care home, day care home, or group day care home as defined by K.A.R. 28-4-113. These three terms are interchangeable and shall have the same identical meaning within these ordinances; or
3. 
Any day reporting program, drop-in program, mobile summer program, outdoor summer camp or school-age program as defined by K.A.R. 28-4-576; or
4. 
Any school-aged drop-in program as defined by K.A.R. 28-4-700; or
5. 
Any residential center or group boarding home as defined by K.A.R. 28-4-268;
6. 
Any maternity center as defined by K.S.A. 65-502; or
7. 
Any detention center or secure care center as defined by K.A.R. 28-4-350; or
8. 
Any secure residential treatment facility as defined by K.A.R. 28-4-330; or
9. 
Any day care referral agency as defined by K.A.R. 28-4-185.
CITY CHILD CARE INSPECTOR
The Fire Marshal, Code Administrator, and Zoning Administrator are authorized to conduct the necessary inspections established herein, whether individually or collectively, when an inspection is not conducted by or is delegated to the City by the State Fire Marshal; otherwise, the State Fire Marshal Office for the State of Kansas or the Kansas Department of Health and Environment shall conduct said inspections.
CODE ADMINISTRATOR
The Administrator of the Junction City Code Enforcement Department or the Zoning Administrator or their authorized representative.
FIRE OFFICIAL
The Chief of the Junction City Fire Department or their authorized representative.
PERSON
Any individual, corporation, partnership, association, firm, joint venture, company, other State franchised business entity such as a professional association, limited liability company or limited liability partnership, or other organization of any kind.
ZONING ADMINISTRATOR
The Director of the Junction City Building and Codes Department or their authorized representative.
[Ord. No. G-1309, 10-1-2024]
A. 
All child care facilities operating within the City of Junction City, whether existing or being established new, shall first obtain a child care certificate or license from the State of Kansas, prior to operation and following the inspections required herein. The provider of service(s) at the child care facilities shall and must provide a copy of the State-issued license to the City Building and Codes Department.
B. 
Further, no person shall operate a child care facility within the City of Junction City without first having secured a license from the Kansas Department of Health and Environment, nor shall any person shall operate a family child care home or a child care facility that is a day care home or group day care home within the City of Junction City without first having registered or licensed the facility through the Kansas Department of Health and Environment.
C. 
All required fees shall be paid before the inspections are conducted and the child care certificate issued if the facility passes inspection.
D. 
Child Care Facilities are limited by the Zoning Ordinances of the City of Junction City as to where they can be located.
E. 
Residential day care existing on the effective date of this Code shall be permitted to continue, subject to meeting the requirements of this Code at each annual inspection.
[Ord. No. G-1309, 10-1-2024]
A. 
K.S.A. 65-507, 65-508, 65-510, 65-516 and 65-530 are incorporated by reference and shall apply as standards of operation to all child care facilities and family child care homes as defined in Section 590.300. In addition, the following additional standards shall apply to the child care facility types indicated:
1. 
Child Care Centers And Preschools. Kansas regulations for licensed preschools and child care centers as published by the Kansas Department of Health and Environment (K.A.R. 28-4-123 through 28-4-132 and K.A.R. 28-4-420 through K.A.R. 28-4-442) are incorporated by reference and shall constitute the standards for operation of a child care center or preschool as defined by K.A.R. 28-4-420.
2. 
Family Child Care Homes, Day Care Homes, And Group Day Care Homes. Kansas regulations for family child care homes, day care homes, and group day care homes as published by the Kansas Department of Health and Environment (K.A.R. 28-4-113 through 28-4-119(b) and K.A.R. 28-4-123 through K.A.R. 28-4-132) are incorporated by reference and shall constitute the standards for operation of a family child care home as defined by K.A.R. 28-4-113(b) or group day care home as defined by K.A.R. 28-4-113(h). Those family child care homes operated under the provisions of the Family Child Care Homes Off Post program through the Department of Defense and authorized to function as if they were a family child care home by this Code shall be subject to the standards of a family child care home.
3. 
School Age Programs. Kansas regulations for licensed school age programs as published by the Kansas Department of Health and Environment (K.A.R. 28-4-576 through 28-4-596) are incorporated by reference and shall constitute the standards for operation of drop-in programs, mobile summer programs, outdoor summer camps and school-age programs as defined by K.A.R. 28-4-576.
4. 
Drop-In Programs. Kansas regulations for drop-in programs serving school age children and youth as published by the Kansas Department of Health and Environment (K.A.R. 28-4-700 through 28-4-702.5) are incorporated by reference and shall constitute the standards for operation of a drop-in program as defined by K.A.R. 28-4-700.
5. 
Residential Centers And Group Boarding Homes. Kansas regulations for licensed residential centers and group boarding homes as published by the Kansas Department of Health and Environment (K.A.R. 28-4-123 through 28-4-132 and K.A.R. 28-4-268 through K.A.R. 28-4-280) are incorporated by reference and shall constitute the standards for operation of a residential center or group boarding home as defined by K.A.R. 28-4-268.
6. 
Maternity Centers. Kansas regulations for licensed maternity centers as published by the Kansas Department of Health and Environment (K.A.R. 28-4-370 through 28-4-379) are incorporated by reference and shall constitute the standards for operation of a maternity center as defined by K.S.A. 65-502.
7. 
Detention And Secure Care Centers. Kansas regulations for licensed detention and secure care centers as published by the Kansas Department of Health and Environment (K.A.R. 28-4-350 through K.A.R. 28-4-360) are incorporated by reference and shall constitute the standards for operation of a detention center or a secure care center as defined by K.A.R. 28-4-350.
8. 
Secure Residential Treatment Facilities. Kansas regulations for licensed secure residential treatment facilities as published by the Kansas Department of Health and Environment (K.A.R. 28-4-330 through 28-4-343) are incorporated by reference and shall constitute the standards for operation of a secure residential treatment facility as defined by K.A.R. 28-4-330.
9. 
Day Care Referral Agencies. Kansas regulations for licensed day care referral agencies as published by the Kansas Department of Health and Environment (K.A.R. 28-4-185 through 28-4-189) are incorporated by reference and shall constitute the standards for operation of a day care referral agency as defined by K.A.R. 28-4-185.
10. 
Family Day Care Homes. The standards and operating regulations for a licensed day care home shall apply to a family day care home established herein. A licensed day care home within the City of Junction City that is operated through all recognized programs of the Department of Defense shall be considered under this Code and the Zoning Regulations of the City of Junction City as if it were a family day care home; provided a copy of the certificate from the local military officials is maintained in the City offices responsible for administration of this Code and the local military officials confirm the participation in said program.
[Ord. No. G-1309, 10-1-2024]
A. 
All newly established and existing child care facilities shall be subject to an annual inspection by the State of Kansas in order to maintain the child care certificate required to operate within the corporate limits of the City of Junction City, Kansas.
B. 
The City of Junction City Fire Department, Fire Marshal's Office, is authorized to inspect and provide other services for child care facilities and family day care homes licensed or registered by the Kansas Department of Health and Environment to aid enforcement of its regulations and Statutes. The City shall only inspect and provide other services as listed if authorized by or delegated by the State Fire Marshal.
C. 
The inspection timing shall be in conjunction with the annual inspection conducted on behalf of the Kansas Department of Health and Environment by its staff or a third-party selected and utilized by KDHE.
D. 
The City Commission, by resolution, is authorized to set and publish a schedule of fees for inspections and other services sufficient to offset actual expenditures not otherwise fully reimbursed by grants from the Kansas Department of Health and Environment or for license fees for regulatory purposes. The child care facility license holder or registered provider, or the applicant for licensure or registration, shall be responsible for payment of fees.
[Ord. No. G-1309, 10-1-2024]
A. 
In order to provide a reasonable degree of safety to children and providers attending residential day care facilities, certain standards shall apply to all proposed new or existing child care facilities operated out of a residence within the City of Junction City, Kansas. These standards shall be confirmed through the inspections required herein.
B. 
The City of Junction City Fire Department, Fire Marshal's Office shall use the standards for operation listed herein, as well as the adopted International Fire Codes and International Building Codes of the City of Junction City and the standards established by the Kansas State Fire Marshal for inspections of group, licensed, registered, and other family child care homes. In addition, the City of Junction City Fire Department, Fire Marshal's Office shall confirm compliance with the following requirements, if such requirements are not in conflict with the guidance of the Kansas State Fire Marshal and/or the Kansas Department of Health and Environment, if delegated, authorized, or otherwise utilized by the State Fire Marshal:
1. 
Basement And Second Floor Use.
a. 
Facilities which possess a certificate or day care license dated before the effective date of this Code may use a basement or second floor for day care only if there are at least two separate exits to the outside. One exit must be a door and one exit may be an approved escape window. Day care providers must be able to demonstrate that everyone under their care can safely exit the house and go to a designated safe area within four minutes. The Child Care Inspector may require day care providers to demonstrate their ability to conduct such an exit drill.
b. 
Facilities which possess a certificate or day care license dated on or after the effective date of this Code may use a basement for day care only if there are at least two exits to the outside. One exit must be a door leading directly to the outside. If the two exits in use are within 10 feet of each other, a third exit, which may be an approved exit window, will be required. Residential day care is not allowed on the second floor of a residence. Bi-level houses must be inspected by the Child Care Inspector to determine if they comply with this provision prior to their use as a day care facility.
c. 
Portable fire extinguishers.
(1) 
Type And Location. A fire extinguisher rated at 2 A:10 B C is required and must be placed or mounted in conformance with the NFPA Standards as adopted by the City of Junction City, Kansas.
(2) 
Maintenance. Fire extinguishers provided for the day care must be inspected and/or serviced and tagged within the previous 12 months by a person or business licensed by the Kansas State Fire Marshal.
(3) 
If the fire extinguisher is purchased new, a purchase receipt must be retained that shows the date of purchase. Such a new fire extinguisher does not need to be inspected within the first 12 months after the date shown on the purchase receipt.
d. 
The above standards are to be interpreted and defined by child care codes, regulations, and other requirements promulgated by the Kansas State Fire Marshal and the Kansas Department of Health and Environment.
[Ord. No. G-1309, 10-1-2024]
The City of Junction City Fire Department Fire Marshal, City of Junction City Buildings and Codes, Kansas Department Health and Environment, State of Kansas Fire Marshal, or their designee(s), after proper identification, shall be permitted to enter any child care facility or family child care home during its hours of operation for the purpose of making inspections to determine compliance with this Chapter. The City of Junction City Fire Department Fire Marshal, City of Junction City Buildings and Codes, Kansas Department Health and Environment, State of Kansas Fire Marshal, or their designee(s) shall be permitted to examine records maintained in the child care facility or family day care home during such inspection or at other times upon reasonable notice.
[Ord. No. G-1309, 10-1-2024]
A. 
It is unlawful for any person to:
1. 
Refuse to identify themself by their correct name, address, and birth date when asked to do so by City of Junction City Fire Department Fire Marshal, City of Junction City Buildings and Codes, Kansas Department Health and Environment, State of Kansas Fire Marshal, or their designee(s), or other duly delegated or authorized inspector or compliance officer during the inspection of a child care facility or family day care home or at any time when inspector has probable cause to believe that such person has violated a Section of this Chapter or similar statute, regulation, or other guidance of the State; or
2. 
Interfere with, molest, injure, or willfully obstruct, resist, or oppose any inspector or compliance officer listed in Subsection 1 in the lawful discharge of their duties as prescribed in this Chapter, State statute, or State administrative regulation.
[Ord. No. G-1309, 10-1-2024]
A. 
It is unlawful for any person to:
1. 
Provide child care which would require licensure or registration with the State of Kansas and City of Junction City without said licensing or registration and displaying such license or other proof to the City;
2. 
Fail to comply with building, structure, or other requirements for the premises, structure, or equipment;
3. 
Continue to provide child care with an expired or lapsed license or registration;
4. 
Interfere with or otherwise affect inspections as provided in Section 590.350;
5. 
Other violations of the City ordinances not included in Subsection A1, 2, 3, or 4 that govern the provision of child care in the City of Junction City, Kansas.
B. 
Penalties for violations:
1. 
If found guilty and in violation of Subsection A1, then the penalties are as follows:
a. 
A Class A misdemeanor and a distinct yet separate offense from Subsection A3;
b. 
Maximum jailtime of 12 months;
c. 
Maximum fine of $2,500 and minimum fine of $50 upon a first offense; and,
d. 
Upon a second conviction, the minimum fine shall be $200;
e. 
Upon a third conviction, the minimum fine shall be $500 and minimum service of jailtime 48 hours; and,
f. 
Upon a fourth or subsequent conviction, the minimum fine shall be $1,000 and minimums service of jailtime seven days.
2. 
If found guilty and in violation of Subsection A2, then the penalties are as follows:
a. 
An unclassified misdemeanor;
b. 
Maximum jail time of 90 days;
c. 
Maximum fine of $500;
d. 
Minimum fine of $100 upon a first conviction in the last five years;
e. 
Minimum fine of $250 upon a second conviction in five years;
f. 
Minimum fine of $500 upon a third conviction in five years; and,
g. 
No minimum jailtime unless a child receiving care was injured then minimum jailtime is 48 hours.
3. 
If found guilty and in violation of Subsection A3, then the penalties are as follows:
a. 
An unclassified misdemeanor and distinct yet separate offense from Subsection A1;
b. 
Minimum fine of $50 if less than 30 days of the license or registration expires;
c. 
Minimum fine of $100 if less than 90 days yet 30 or more days after the license or registration expires;
d. 
Minimum fine of $250 if less than 12 months yet 90 or more days after the license or registration expires; or,
e. 
Fine of $500 if 12 months or more after the license or registration expires.
4. 
If found guilty and in violation of Subsection A4, then the penalties are as follows:
a. 
A class A misdemeanor; and,
b. 
The same as Obstruction or Interference regarding Law Enforcement or Animal Control Officers.
5. 
If found guilty and in violation of Subsection A5, then the penalties are as follows:
a. 
An unclassified misdemeanor; and,
b. 
Follows the requirements of Sections 100.090 and 590.360.
Section 100.090: Penalty For Violations. Wherever in this Code, any act is prohibited or is declared to be unlawful or a misdemeanor or the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is prescribed or no general penalty to an article or chapter is prescribed, the violation of any such provision of this Code shall be punished by (a) a fine of not more than $1,000, or (b) by imprisonment for a period of not exceeding 90 days, or (c) by both such fine and imprisonment, at the discretion of the court. Each day any violation of this Code continues shall constitute a separate offense. In addition, those found guilty of violating any provision of this Code may have all licenses and permits issued by the City revoked.
Should any Section or provision of this Chapter for any reason be held void, unconstitutional or invalid, it shall not affect the validity of any other Section or provision hereof which is in itself not void, unconstitutional or invalid.