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HomeMy WebLinkAbout1980-1252 - Ordinance - 12/11/1980Ordinance 1252 rr Child -Care AN ORDINANCE PERTAINING TO THE REGULATION OF CHILD -CARE AND /OR DEVELOPMENT FACILITIES; DEFINING TERMS; REQUIRING PERMITS FOR THE OPERATION OF A CHILD -CARE OR DEVELOPMENT FACILITY; PRESCRIB- ING PROCEDURE FOR OBTAINING PERMITS, INSPECTIONS, AND PAYMENT OF FEES; RESTRICTING TRANSFER OF PERMITS; SETTING FORTH MINIMUM OPERATIONAL STANDARDS; MAKING VIOLATION OF SUCH ORDINANCE A MIS- DEMEANOR; PROVIDING A PROCEDURE FOR THE REVOCATION OR SUSPENSION OR PERMMITS ISSUED UNDER SUCH ORDINANCE AND APPEAL THEREFROM. Section 1. An ordinance repealing Ordinance No. 527, pertaining to the regulation of kindergartens and child -care and /or develop- ment facilities and establishing new regulations as follows: Section 2. Definitions and Exemptions A. Definitions rr+ 1. Group Day Home Care - As used in this ordinance, the term "group day home care" shall mean: Any facility that provides care for less than 24 hours a day for seven to twelve children under 14 years old. 2. Day Care Center - As used in this ordinance, the term "day care center" shall mean: Any child -care and /or development facility which provides for more than 12 children under 14 years of for for less than 24 hours a day. 3. Child -Care and /or Development Facility - As used in this ordinance, the term "child -care and /or development facility" shall mean and include the following: a. Any children's home, orphanage, institution, private home, residence or other place, whether public, parochial or private, operated for profit or not, which keeps, cares for, has custody of,or is attended by seven or more children under the age of 14, at any one time during any or all of the 24 hour day, specifically, but not limited to group day homes and day care centers. b. Any institution, home or other place, whether public, parochial or private, conducted for profit or not, which keeps, cares for, has custody of or attended by any number of children under 14 years of age, who are mentally or physically handicapped, under medical or social supervision, and not within a hospital, twenty-four hours a day. 04 6 B. Exemptions This ordinance shall not apply to the following: 1. All public schools and those classes, grades or parts or parochial schools of the first grade level and above so long as such classes, grades or parts of such schools of the first grade level and above are conducted in accordance with an educational curr- iculum substantially similar to that of the Public School System. 2. Those Sunday School, Church School or other similar religious activities which meet either during the regular periods of worship service or during scheduled events of the particular church conducting such activities, or nurseries maintained by a church which are for small children of people attending such church either during the regular periods of worship service or during sch- eduled church - related activities of meeting. 3. Those dancing classes, music classes, athletic activit- ies, arts and handicraft classes, vocational classes, summer recreation- al programs and other similar groups and classes which meet for short periods of time on a temporary, irregular of intermittent basis. Section 3. Permit Required It shall be unlawful to operate a child -care and /or development facility as defined above, within the corporate limits of the City of College Station unless a permit therefor is first obtained from the city. No Child -care and /or development facility, which is also required to be licensed by the department of Human Resources of the State of Texas, shall receive a permit unless it has been so licensed by the Department of Human Resources. Section 4. Procedure to Obtian Permits, Inspection, Fees, Transferability Application for the permit required by this ordinance shall be made on the forms furnished by the Office of the City Manager of the city of College Station upon completion of such application and the furnishing of all information, required thereby, the permises where the child -care and or development facility shall be approved for such purposes by a representative of the City and the Brazos County Health Unit to determine if such premises are safe, sanitary, free from fire and health hazzards and comply with zoning, building and other applicable ordinances of the pity and laws and regulations of the State. tnsp�ctions may be made at reasonable times to insure continuous compliance herewith. If applicable, necessary information shall be furnished to the State Department of Human Resources by appropriate City officials, after inspection. After determination that such premises are in compliance with the above required standards and other provisions hereof, and have been approved by the Fire Marshall and Building Official, a permit to operate a Child -Care or Development Facility shall be issued by the City. Y7 Based upon the above standards and inspection, such permit shall specify the maximum number of children that may be accomodated by such Child -Care and /or Development Facility. It shall be unlawful for the number of children within the Child -Care and /or Development Facility at any one time to exceed such number. Maximum authorized capacity of a Child -Care and /or development facil- ity may be increased upon application, approval by the City and pay- ment of the appropriate fees. Permits shall be issued on an annual basis, to expire on June 30 of each year, and shall be renewable only upon compliance with the pro- visions of this ordinance and other applicable laws, ordinances and regulations, and payments of the fees required hereby. At the time of issuance of any permit hereunder, the applicant shall pay a fee in the amount set by the City Council. A separate permit shall be required for each location where a child- care and /or development facility may be operated regardless of common ownership or management of child -care and /or development facilities at different locations. No permit required hereby shall be transferable, either to a different party or to a different location. Section 5. Operational Standards All child -care and /or development facilities shall comply with the following standards. Additionally, such child -care and /or development facilities shall comply with all applicable city ordinances, state laws and regulations promulgated by state agencies which such child -care and /or development facilities may be subject to. In the event a higher standard than those set for the herein is required by such law or regulation, the higher standard (ex: Texas nepartment of Human Resources regulations) shall control. Failure to comply with the standards required hereby shall be unlawful and each day of operation shall without such compliance shall be a separate offense. A. Sanitation 1. All child -care and /or development facilities shall comply with the provisions of all ordinances of the City of College Station, as presently or hereafter enacted or amended, pertaining to (a) general sanitation of floors, walls, ceilings, doors and windows: lighting, ventilation and heating; pest and rodent control; and outside grounds; (b) maintenance of toilet and lavatory facilities; (c) construction, cleaning, sanitizing and storage of equipment and utensils; (d) disposal of garbage, trash, diaper waste and other waste matter and maintenance of proper sewage facilities and (e) such other provisions of such ordinances which may be applicable. 2. For infants, adequate laundry facilities and waterproof self - closing containers shall be provided for soiled diapers and linens. B. Safety =18 1. Fire protection shall be provided and a sufficient number of fire extinguishers shall be available as designated by the Fire Marshall. An adequate plan in duplicate for emergency shall be sub- mitted to the Fire Marshall for approval and drills following this plan shall be conducted at intervals directed by the Fire Marshall. 2. All buildings and grounds of a child -care and /or development facility shall be free from hazzards, dangerous stairways, and un- protected stoves or fireplaces. 3. All medications, including any medications to be personally used by the staff personnel, shall be stored in a closed cabinet at least four feet from floor level. Such cabinet shall be used ex- clusively for medications. 4. At least one first aid kit properly equipped with supplies designated by the College Station Fire Department Emergency Medical Services Supervisor and an American Red Cross First Aid Textbook Supplement (latest edition) shall be kept in the child -care and /or development facility and be readily available for use, and there shall be at least one person on duty at all times who has evidence of current certification of the completion of the American Red Cross course in First Aid or equivalent thereof. Evidence of current certification must be presented within six months of receiving the permit to operate the child -care and /or development facility. C. Diet and Formula proparation 1. If meals are prepared at the child -care and /or development facility, they shall be adequate to meet the nutrutional necessities of the children receiving such meals. A written menu for each meal served shall be prepared a week in advance, and a record of food actually served shall be kept for review by the Health Official. 2. If formulas are prepared at the child -care and /or development facility this shall be done at a time when there are no other kitchen activities. a. Direction, in writing, from the parent or guardian of the child shall be obtained showing the amount of each ingredient of the formula to be prepared at the facility in accordance with such direction. b. Equipment and ingredients shall be stored in separate, closed cabinets at all times. Fresh milk and formula shall be refrigerat- ed at all times at a temperature of 45 or less. A thermometer shall be kept in the refrigerator. C. Bottles shall be individually labeled for each child. D. Qualifications for Directors Each child -care and /or development facility shall designate one person to be the Director of the Facility who shall be in charge of the care of the children therin. The Director must have completed at least UJW eight grades of school and shall be at least eighteen years of age. Provided, however, that any Director of an existing child -care and /or development facility may be exempted from such educational qualifications if application for a permit is submitted to the City within thirty days after the effective date of this ordinance. In the absence of the Director, a responsible person at least eight- een years of age shall be placed in charge of the care of the children at the child -care and /or development facility. E. Location and Construction Requirements 1. No child -care and /or development facility shall be permitted in a residential area unless a conditional use permit is granted by the College Station Planning and Zoning Commission. 2. Facilities shall be provided for loading and unloading of passengers from automobiles off the public street and out of the public's way. 3. No provision hereof shall be construed to alter, waive or otherwise change deed restrictions. Section 6. Penalty for Violation Violation of any of the provisions of this ordinance shall be deemed a misdemeanor and shall be punishable by a fine of not less than twenty- five dollars ($25.00) nor more than two hundred dollars (200.00). Each day such violation shall be permitted to exist shall constituet a separate offense. Section 7. Revocation or Suspension The City Manager shall revoke or suspend and permit under this ordinance, after ten days notice by registered or certified mail and hearing before the City Manager upon any of the following grounds: a. Violation of any of the provisions of this Ordinance; b. Permitting, aiding, or abetting the commission of an illegal act in such institution; C. Conduct, practices or conditions detrimental or potentially detrimental to the welfare of children in the child -care and /or develop- ment facility; d. Failure or refusal to comply with or to maintain require- ments and standards set forth in this ordinance. Upon revocation or suspension of any permit issued under this ordinance after notice and hearing as set forth above, and child -care and /or development .facility whose permit has been revoked or suspended may IN 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 revocation or suspension. After the hearing of such evidence, the City council shall determine whether such permit should be revoked or suspended, for what period. If it is found by the City Council that such permit should be revoked or sus- pended such revocation or suspension shall be dffective immediately without further notice or action. M Section 8. Severability Should any section of this ordinance be declared by a court of record to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid. Secrion 9. Effective Date Existing child -care and /or development facilities will be required to comply with all sections of this ordinance no later than 90 days after the passage of this ordinance. Those new facilities which apply for a permit under this ordinance will be required to meet requirements of this ordinance immediately. PASSEyq and APPROVED this 11th day of December, 1980. APPROVED: ATTEST: CITY SECRETARY L