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ORDINANCE NO. 527
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AN ORDIl\l\NCE PEI{1'AINING TO THE REGULATION OF !(INDEliGARTENS A~"'D
CI-IILD-C1-\RE OR DEVELOPIVIENT FACIIJTIES;DEFINING TERl\lS; REQUIRING
PERIVIITS FOr~ T-I-IE OPERATION OF .AKINDERGARTr~N AND A ClfII.JD~CARE OR
DEVELOPl\1ENT FACILITY; PRESCRIBING PROCEDURE FOR OBrrAINING PER-
l\1ITSt INSPECTIONS, AND PAYl\lENT OF FEES; RESTRICTING TRANSFEI{ OF
PERl\'TITS; SETTING FORTfI MII\1JlVIUl\i OPERATIONAL S~ANDARDS;. ~1AI~ING VIO-
LATION OF SUCH ORDINANCE A I\lISDEJ\IEANOR,; PROVIDING A I)ROCEDURJ.:
FOR THE REVOCATION OR SUSPENSION OF PERlVllrrS ISSUED UNDER SUCH OR--
DINANCE AND APPEAL THEREFROlVle
BE IT ORDAINED BY THE CITY COUNCIL OF TI-IE CITY OF COIJLE-GE STATION,
TEXAS:
Section 1. An ordinance is hereby establishecl relating to. kindergaI'tellS 311e1 child-
. care or development facilities, . as follo,vs:
Section 2. Definitions and Exemptions.
A. Definitions
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1. Kinclergarten - As used in this ordinance tIle tel~nl flI(illdergarten"
s11all mean: Any school) private ~r parochial, operated fOl-- profit Ol~ not) attendecl
by four or more children at any one tinle durlng part of a 2.1hoUl~ day, ,vhich pro-
vides a program of instruction for cllildren belovv the first grad.e level ill \vhich
C011structive endeavors, object lessons and helpful games are promillent features
of the curriculum. .
2. Child~Careox' Development Facilities- As used in tlrls Ordinance
the term If Child-Care or Development Facility." shall mean and. inclllde the fol-
lo\ving: .
a. Any children's home, . orphanage) institlltioll, private hornet
residence or other place, \vh~ther public,pal~ochial or private, operated for pro-
fit or not, ,vhich keeps, cal"esfor, has CllStody of or is attended by four or mOl"e
children under sixteen years of age, at an~y one time, \vho are not menlbersof the
immediate famil)T of any natural person operatillg any SllCh place) C1Ul--illg nny pa1..t
of all of the t\venty-four hour day.
b. Any institlltion, honle 01' othel' place, \yhetllel" pllblic) paI.o-
chial or private, condtlcted for pl"ofit or not, ,vhic~ll(eepst cares fort has custody
of or is attendee} by anjr nUlnber of childrell, tmder sixteen years of age't \vho are
not 111enlbers of the inlmediate family of any natural person oper'ating Stlch place.
\vho aremel1tally or physically handicapped, undel""' meclical or social supervision,
and not. \vithin a hospital, t\venty-four hours a day.
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Ox'dinance No. 527
Page 2
B.. Exenlptions
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1. This ordinallce shall not apply to tIle following:
B. All ptlblic schools and those classes) grades or parts of parochial
s'chools of tIle fil'st grade level and above so long as such classes, grades or parts of
Stl.ch sclioolsof the first grade level and above are conducted in accoJ:dance \vith an
educational cUI.ricultlID substantially similar to that of the Public School System.
b. Those Stmday Sellool, Churell School or otller similar religious act.-
ivities\vmch meet only during the regular periods' of worship service. of the particular
church concluctings.uch activities or nurseries \vhicl1 are. maintained ~)y a chu~ch for'
small children of people attending such church only during the regular periods of \vor-
ship service Of.SllCh cllurch.
c. Those dancing classes, musfcclas.ses~ athJetic activities, arts and
handicraft classes. vocational classes. summer recl~eation.al progl"31ns and other simi-.
lar groups and classes \vmch meet for short perio.ds of time and ona temp o,ra r:\' ) irreg-'
ulal~, or ~ntern1ittentbasis.
Section 3. Pel:mit Reqlured.
It. sha~l be tmlawful.to .operate a Kinder~ar.ten or a C~ld-Care or Dev~~op:ment Facility 8.
as-defIned above-;\vithiIrfue-'coTpUTIlte-llmlts'~of-the CIty of College StatIon unless a per'-
mit therefor is first obtained from the City. No Child-Care or Development Facility)-
\vhich is also required to be licensed by the Department of Public \Velfare of the State'
of Texast shall receive a permit unless it has been so licensed by the Department of
Public '\Velfal--e. I
S.ection 4. Procedur~. to Obtai~ Permits, Inspections, Fees, Transferability.
Application'for the permit required by this ordinance shall be made on the forms fur--
nishedby the City Manager of the City of College Statiq;n. .Upon cpmpletion of such ap-
plicatioJ;1 and the ftlrnishing of all information, required t~ereby, the premises ,vhere
the Kindel">>garten or the Child-Care or Development Facility is to be conducted sllall
be inspected jointly by a l"'epresentative of the City and the Brazos County Health Unit
to determille if SllCh premises are safe, sanital"y, free froln fire and ~ealth l1azards.
and comply ,vith zoning" building and other applicableol--dinances of the City and la\v's
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and regulations of the State. Additional inspections may be made at l~easonable times
to inStlre COlltinuous compliance here'\vith.
If applicable, necessary infol--mation shall be furnishedi.to the State. Depal'tment of Pllb-
lie \Velfare by appropropriate City officials, aftel" inspection. Aftel' determination tllat
such pre-m.ises are incompliallce '\vith the above required standards and other pl'ovi-
sions hereof) are properly equipped and staffed to meet the provisions hereof and have _
been appl"oved by the Fire l\larshall and Builcling Il1spectol"', a permIt to operate a }(in- .'
dergarten or a Child-Care or Development Facility shall be issued by the City.
(Jrairlance No. 527 .
Page 3
.~ Based upon the above standards and inspection, such permit shall specify the maximum(
nunlber of clrildren that may be accomoclated by suell KIndcrgartell or Child-Care or De-
veloplnept Facility and it sllall by unla\vflll for the numbel"of children \vitltin the Kindel"-'-
garten or Child-Care or Development Facility at anyone time to exc:eed such number.
l\1aximum atlthorized capacity of a Kindex.galten or a Child-Care or Developmellt Facil-
ity may be inci>eased upon application, inspection, approval by the City and payment of .
appropriate fees. Permits sp.all be issued on a calendar year basis, to expire on J-tme 30
of each year, and shall be r.ene\vable Olll~r upon compliance \vith the pl'ovisiollS of this
ordinance and any other applicable la\vs, ordillancesandregulations and paymellt of t.he
fees required hereby. .
At the time of issuance of any permit hereunder, the applicant sllall pay a fee ,in the
amoUnt of Five Dollars ($5. 00) plus an additional amount of fifty c.ents ($0. 50) for the
total number of children by the permit. But, in no event. shall the 81110unt of such fee
exceed Fifteen Dollars ($15. 00).
. A separate permit shall be required for each location where a Kindergarten or a Child-
Care Ol~ Development Facility IDa)' be operated reguardless of comn1on o\vnership 01"
management of I(indergartens or Child-Care and De"veloplnent Facilities at different
locations.
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~? P5~.r~i.t r~g~:ed hereby s~all be transferable, either to a different party or to a
different location. --- - - .." -.-- -- ._--
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Seetioll 5. Operational Standards.
All Kindergal~ens and Chilcl-Care and Development Facilities. sllall comply \vitIl the fol-
lo\ving standards. Additionally, such Kindergartens or Child-Care and Developmel1t Fa-
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cilities shall comply \\lith all applicable city ordinances, state la,vs and r"egulations pro-
nlulgated by state agencies \vhich such Kindergartens or Child-Care and Development
Facilities, may.be subject to.' In the event a higher standard than those set forth hel--ein
is required by an~'" such la\v or regulation, the higher standard shall control." Failure to
comply ,vi~h tIle standarcls required hereby shall be tmla\vful 311d each day of operatioll
,vithoutsuch compliance shall be a separate offense.
A. Sanitation.
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1. All I(indergartens and Child-Care and Development Facilities shall comply
,vith the pro\risiOllS of all ordinances of tIle City of College Station, as presel':\tly Ol~ llere-
nftel~ enacted or anlenoed, pertaining to (a) gel1el~al sanitatioll of floors, ,valls, ceilillgs,
doors. and\vindoVis; ligl1ting, \rentilation and heating; pest and rodellt contI-ol; alld outside
grounrJs; (b) nlaintenance of toilet and lavatol}T facilities; (c) constructioll, cleaning, san-
itizing and storage of equipment and utensils; ((1) disposal of garbage,. trash, diaper I
,vaste and other \vastematter and maintenance of proper se\vage facilities alld (e) suel1~,
othel~ pl~ovisions of such ol'd.illances,vhicll nla)r be applicable.
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Ordinance Nc>. 527
Page 4
2. There shall be provided \vithin the stl~uctul~e housing the Kindergarten
Ol~ Clrlld-Cal"e or Development Facility, in a location \vmch is readily accessible to
tIle chilclren ,vithin tIle Kindergarten or Child-Care 01" Development FacIlity) sluficiel'lt
flusll-t~ype toilets and lavatories to meet. the requiremellts .of the Building Code of the
City of College Station applicable to sanitation facilities for buildings llsed for school
or day care purposes.
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For infants.) adequate laundry facilities and \vaterpl'oof self-closing
container.s shall be provicled for soiled diapers and linens.
B. Safety.
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1. Where s\vimming pools or ,vading pools are I>rovided, they shall meet
the standards of all Ol"tdinances of the City of College Statioll, aspresentljT or hereafter'
enacted or amended, regtuating S\Vimnling pools and \vading pools, aIld at least one.
adult shall be present at all times \vhen the \vading or s,vimllling pools are accessible
to children.
2. When not.ill use under adult supervision,. all detergents) insecticides.
and poisons shall be stored out of reach of. children.
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3. Fire protection shall be'::'provided and a sufficient number of fireextin-.-
guishers shall be available as designated by the Fil'Se Marshall. An adequate plan in
.. gumi_qat~Jq~_~l!l~fgency evacuation in c_a_s..~.o~J!:r~..t_ strom or other emergency shall _
be submitted to the l?ire 11arshall for apPl"oval and drills follo\ving this plan.shall be .
conducted at .~ntervals as directed by the FireMal~shall.
4. All Buildings and grouncls of a Kindergarten 01' a Child-Care and Devel-
opment Facility shall be free from hazards t dangerous stairways', and rmprotecte<I
stoves or fireplaces~
c. Health.
1. 'No child sha~l be accepted for regular attendance by a. Kindergarten or' a
Child-Care or Development Facility unless he has a \vritten statement fl"om a physician
licensecl by the Texas State Board of l\1edical Examiners pronouncing him free of com-
municable diseases and noting any signIlicant physical or mental defects. TIns examin.-.
ation shall take place \vithin ninety days priol~ to the first day .of attendance at the l{inder-
gartel1 or Child-Care and Development Facility and annllally thereafter.
2. The Kinderg~rten or Child-C3re and Developlnent Facility s11all keep a
record on each child ellrolled therein and that record shall be kept in the Kindergali:en.
or Child.-Care and Development Facility in ,vhich the Cllild is enrolled. alld shall be im-
mediately available to the Health Officer. Such l~ecord shall include the child's health
history, the name and telephone of the child's physician, and signed authorization of the
parents or guardian of such child to contact the child's physiciaIlpr any other licensed 8'
physician if the child's pllysician is not available provided that the par~nts. or g;tlardian
canllot be first contacted.
Ol"dinance No. 527
Page 5
e 3. No prescription medications shall be given children except on the written
direction of the physician or parent or g\lardian of the child and all medications providt.:
shall be in the original prescriptioll container \vith tIle child's name, pllysician's llalne)
an-d his nledical orders OIl the container. In an ein.erg~ncy) verbal orders may be accepted
from the physician provided such verbal orders are followed by written confirmation with-
in seventy-t\vo hOllrs.
, 4. All medicationst including any medications to be personally used b:y the
staff personnelt shall be stored in a locked cabinet used exclusively for medicines and
the key shall be carried by a responsible adult on ~uty..
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5. The Health Officer shall furnish a list of conlmunicable diseases alld a
statement of the Conlmunicable Disease Regulations of the City of College Station and
these shall be posted at the Kindergarten or Child-Care or Developl)1.ent Facility. No
Kindergarten or Child-Care or Development Facility shall accept any child who is ill
or who has visible evidence of communicable disease. Any child '\vho becomes ill with .
a suspected communicable disease while at a Kindergarten or a Child-Care or Develop-
ment Facility shall be isolated from the other children in a separate room and returned
to his parents or guardian as soon as possible. Each Kindergarten or Child-Care or De-
velopment Facility shall maintain adequate isolation facilities. including a separate room.
for the cal--e and isolation of ill children. After recovery from cOlnmunicable disease, no
child shall be permitted to return to the Kindergarten or Child-Care or Development
Facility until he receives a statementfi~m a licensed physician that such cl:ii.1d is free
from commtmicable-dis-ease--or-has-otherwise- corilplied with the comnmnicable disease (
regtllations of the City of College Station.
6. All persons \vol~king at a Kindergarten or a Cllild~Care or Development
Facility who have acquiredt or are suspected of having) a communicable disease shall
not be permitted to work in the facility unless the Health Officer determines that the .
nature of the disease ,viII not constitute a danger or healtll hazarcl to the children ~t sttch'
IGndergarten or Child-Care 0110 Development Facility.
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7. All persons',vorking at a Kindergarten or Child-Care or Development
Facility shall have a medical examination by a licensed physician prior to employment,
annually thereafter t and at any other time needed. As shown by a signed statement of
the physiciaut all such persons shall have good vision and headngt shall be in good
health and physically and me11tally capable of caling for clrlldren~ have no comll1tmi-
cable disease, have had chest x-ray and blood test for syphilis, both annually) and a
smallpox vaccination within the last five years. If the blood test or x-ray show devia-
tiOll from tb.e normal, the Health Officer of the City of College Station must cletermine
that the presence of such individual wiU not constitute a danger or health hazal.'d to the
children at such Kinde1-'garten or Child-Care or Development Facility before s"ltch in-
dividual \ITIll be permitted to \vol-.I(..
8. At least one first-aid kit properly equipped \vithsupplies deslgnatecl bjT thA
City Health Officer and an AmericanRed Cross First Aid Textbook Supplement (latest (
edition) shall be kept in the Kindergarten or Child-Care or Developlnent Facility and be
readily available for uset and there shall be at least one person on duty at all times who
has evidence of completion of the American Red Cross Course in First Aid or equiva-
lent thereof..
Or"di11ance No. 527
Page G
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9. If children under five years of age are cared for in the Kindergarten or ~.
Chilcl-Care Ol~ Development Facility fOl-' pel--iods of sixhollrs or more in anyone day, ~
adequate crilJs, cots or beds shall be provided for napping purposes which shall h.ave
legs of at least six inclles in 11eight. Kindergartens and Cllild-Care. 01'" Development
Frcilities llsing pads, mats or othex' means of floor covering for napping purposes .at
the effective elate of this or~llance sllall hav.e a. period of six (6) months from the date
of passage of this ordinmlce to provide cribs, cots or beels as required above.. \\1}lere
pl--ovisions are made for the keeping of children for more than twelve hours or over- .
night, ade~iuate, clean cribs Ol~ beds must be provided arid all mattresses therefol'e
IDllSt be cover"ed \vith a \vater-proof cover. The room or rooms. used for sleeping or
napping purposes shall be properl~y ventilated and a proper temperature shall be main-'
tained therein. The numbel~ of cbildren using a sleeping or nappi11g space at any OD.e
time shall' not exceed one (1) child per t\venty-five (25) sq.uare feet thereof) provided.
the cribs, cots or beds used therein can be placed so that they are at least hvo (2) feet -
apa~ on all sides.
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10. No child shall be enrolled in a Kindergartell ora C11ild-Cax"e or Dev'eI--
opnlent Facility lmless each child shall have received -immunizations fOl" diphthe.ria)
whooping cough, tetanlls, smallpox and polio, which such immunizations shall be veri-
fied by satisfactory evidence thereof. Ho\vever J in cases of emergencie's or other valid
reasons, a child \vithout Sucll.immunizations may be enrolled in a Kindergarten or a
Child-Care ~r Development Facility i.f.~~~uch immtmizations al"e commenced \vitmn Olle .
\veek after enrollment or if a licensed physician certifies, in \vriting, that such child
~hQ.uld n.ot_.re,cejy.e.._sllG~imml.!nJz_atioJ}s_,_. ol.:_a_po.rtion thereof, at that time, due to valid
medical reasons.
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D. Diet and Formula Preparation.
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1. If meals are prepared at. the Kindergarten or Child-Care or Developmen~
FacilitY, they shall be adequate to meet the nutritional necessities of the children re-
ceiving such'meals. A ,vritten menu for each meal served s.hallbe' prepared a \veek'in
advance, and a record of ,food actually served shall be kept for revie\v by the I-Iealth
Officer.
2. If formulas are prepared at the Child-Care or Development Facil~ty). this
shall be done at a' time \vhen there are no other kitchen activities. If formulas for ten
(10) infants 01-' more are prepared there shall be a special fOl'mtll~ room..
3. Directions, in\vriting, from the parent or guardian of the child shall
be obtained sho\ving the an1QtLl1t of eacl1 ingredient of the formula to be prepared at the
facility. The formula shall be prepared at the. facility in acCOrClallCe \vith . such dil'ectiollS. ,
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b. The tel"'minal heating method of formulapl~eparation shall be used.
Bottles shall be individually labeled for each child.
c. Equipment and ingredients (other than fresh milk) shall be stored in _
separate. clos ed c~binets. Fresh milk and formulas shall be refrigerated at all times
at a temperatttl~e of 450 F. or less. A thex-monleter shall be l~ept in the refrigerator.
Ordi11ance No. 527
Page 7
(d) All bottles) nipples, and -bottle cov'el"sshall be rinsed) \VaSlled \vith
_ . a detergent, rinsed again, and well drained, and remain inverted in a bottle rack lilltil(-
falnily picl<-up or fOl'mula pl"ep~ration time.. ,
E. Personnel Recluirements.
All employ-ees of a I(indergarten or a Child. -Care or Develol)ment F;:lCil~ty sh.all be of
good moral character and qualified to provide proper physical care,. supervision and
opportu;nity for proper development of the children cared for. All employees must be
at least sixteen (16) years of age and free from any mental or physical incapacity, and
are not on furlough from a mental hospital or uncler the s~pel."'Vision of an instittltion or
agency for the mentally retarded. '
Kindergartens or Child-Care or Development Facilities enrolling primarily physically.
or Illentally handicapped children shall have at least one full-time adult staff member
especially qualified by education and/or experience to care for such handicapped child-
ren.
F . Qualification. for Dil--ectors:
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Each Kindel--garten or Child-Care or Development Facility shall designate one. person
to be the Directol-' of the Kindergarten Olt,.. Facility who shall be in charge of the cal'e of'
the childl"en therein. Such Director shall fllrnish the City ,vith refel"ences from fotll"
reputable persons not related to the applicant attesting to the Director's good moral
cl1aracter " . financiarrespon-sibttity;-and qualifications for ca1--e of children.
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The Director must have completed at least eight grades of school, shall be at least
t\venty-one years of age ancl not more than sixty-five years of ag~._Provided, ho\vever,.
that any Director of an existing Kindergarten or Child-Care or Development Fac.~lity
may be exempted from such educational qualifications and maximum age limitations -
if application for a permit is submitted to the City within thirty (30) days after the ef-
fectivedate of this'ordinance.. Provided, further, the City may approve exemptions
to the maximum.' age limitation herein for persons above 65 years of age if it is deter-
mined by physical examination that such person is both mentally and physically able to
serve as the Director of a Kindergal"ten or a Child-Ca'~eor Development Facility a11d
such person has the assistal1Ce of a responsible person at least 21 years of age and not
mOl--e thatl 65 yeal~s of age at all times in tIle operation of tIle Kindergarten or Facility.
In case of absence of tIle Dil~ectol~)a responsible person at least 21yeal"s of age shall
be placed in charge of tIle care of childl--en at the IGndergal1:e11l or Child-Care or Devel-
opment l?acility.
G.personnel Reeoxods.
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I\:indergartens and Child-Care 01-- Development Facilities. shall Dlail).tain an individtlal
. recore on each enlployee to include:
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(a.) Name) Address, and Phone Number
(b.) Age
Ordinallce No. 527
Page 8
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(c) Education
(d) E:h1>eT"ience
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(e) Referellces fronl fOl-'mer employers
(f) Pllysician' s report of pre-elnployment) annual and other health
exalllinations
OR. Location and Construction Reqllirements.
1. No permit for 8 Kindergal-.ten or C,bild-Care or Development Facility
sllall be established in a residential area in \vmch a property o\v~er or o\vners with-
in 500 feet of the lot-lines of the property on \vhichthe I(indergartell or Child-Care
or Development Facility is to be located objects to such establishment in \vriti:ng to
the City Council of College Station until after a public 'hearing by the City Council
at.a regtllar meeting.
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2. Facilities shall be pl~ovided for loading and unloading of passengers
from automqlJiles off of the public street and out of the public's\vay.
3. No provision hereof shall be cons trlle d. to alter, \vaive or otherwise
change cleed restrictions.
Sectioll 6..-. Penaltv-fo!:-Violation__-_ -,-~..:_- ~.- --- _,_
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Violation of any of thepro\'isions of this ordinance shall be deemed a lnisdenleanor
. and shall be punishable by f~ne of from $5. 00 to $25. 00, and each day of such viola-
tion shall COllstitute a separate offense.
Section 7 . Revocation or Sltspension.
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The City Manager' shall revoke or suspend any permit isslled under this ol."dinance,
after ten days notice by registel"ed or certified mail and be.aring before the City
11: an agel'" ltpon any of the follo\ving grounds:
(a) Violation of any of the provisions of this Or.dinance;
(b) Permitting, aiding, or abetting the comnlission of an illegal act
in such institlltion;
(c) COllduct, practices or conditions detrimental or potentially detri-
mental to the \velfal"e of children in' the I(indergal"'ten or Child-Care Ol~ Developlnent
Facility;
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(d) Failure or refllsal to comply \vithol~ to nlaintain reqtul--ements and
standards set forth in this ordinance. 8
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Ordin311ce No. 527
Page 9
Upon revocation or suspension of any permit issued under this ordinance after notice
and hearing as set forth above, any Kindergarten or Child-Care or Development Facil- ,'.
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ity whose permit has been revoked or suspended may appeal the decision of the City ·
Manager to the City Council of the City of College Station by filing written notice of
appeal with the City Manager of the City of College Station within ten days after the
decision of the City Manager. Upon the filing of such appeal the City Council shall
set the earliest practicable date for hearing of evidence concerning the basis for
such revocation or suspension. After the hearing of SUell evidence, the City Council
shall determine whether such permit should be revoked or susp:mJ, for what period.
. If it isfotmd by the City Council that such permit should be revoked or suspended
such revocation or suspension shall be effective immediately without further notice
or action. -
Section 8. This ordillance sllall.become effective 90 days after its passage.
PASSED AND APPROVED this 26tll clay' of June, 1967.
APP1~OVED:
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MA'YOR.
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ATTEST:
-U#Z~..~/dj
Assistant City secretary ... - .....
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