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Home My WebLink AboutORD 1673BILL NO. 11 ORDINANCE NO. 3:673 AN ORDINANCE TO AMEND TITLE IV OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH SHALL BE DESIGNATED AS CHAPTER 23 OF SAID TITLE IV REGARDING CHILD CARE FACILITIES: PROVIDING DEFINITIONS; LICENSES REQUIRED; EXEMPTIONS AND SPECIAL APPLICATIONS; INVESTIGATION OF FACILITIES; STANDARD FOR ISSUANCE OF LICENSE; LICENSES; INSPECTION; PENALTIES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Title IV of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended by adding the following which shall be designated as Chapter 23 of said Title IV of said City Code: 4 -23 -1: DEFINITIONS: For the purposes of this Chapter, the following terms, phrases, words and derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. APPLICANT: Any person making application for a license or the renewal of a license to conduct, operate or maintain a child care facility. CHILD CARE FACILITY: Any facility providing care, maintenance and supervision of children under the age of 18 usually unaccompanied by the child's parents, guardian or custodian, and regardless of whether the facility provides any instruction. This includes but is not limited to baby sitting services, group day care homes and day care centers. LICENSEE: Any person having a City Child Care license in full force and effect issued hereunder for a child care facility. PERSON: Any person, firm partnership, Church, association, corporation, company, any organization of any kind, the State of Idaho or any political subdivision thereof. 4 -23 -2: LICENSE REQUIRED: EXEMPTIONS AND SPECIAL APPLICATION: A. It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a child care facility within the City unless a valid license has been issued as provided for in this chapter and such license is in full force and effect. A License is not transferable. B. A special Use Permit must be obtained from Planning and Zoning Commission, where required by the Caldwell City Zoning Ordinance, prior to application for a child care license. C. Child Care facilities in existence on the date this Ordinance goes into effect shall apply immediately for City licensing within fifteen (15) days. Those existing Child Care facilities shall have three (3) months from application date to meet established standards. D. The State of Idaho, any State Agency or Department, the Independent School District of Caldwell City, Churches providing nursery and Sunday School care for parents, guardians or custodians during scheduled activities, or State operated foster homes are not required to obtain a license. 4 -23 -3: APPLICATION FOR LICENSE: Application for such license shall be made to the City Clerk in such form and manner as may be prescribed. 4 -23 -4: INVESTIGATION OF APPLICATION: A. Upon receipt of an application for a City license, the City Clerk shall cause an investigation to be made of the services and facilities of the applicant and the character and reputation of the applicant and their agents. B. To qualify for a license: 1. The applicant, or any person working, supervising or employed in the operation of the business 20 of more hours a week, must be over the age of eighteen (18) years. 2. The applicant, or other persons working, supervising or employed in the operation of the business shall not have had a Child Care Facility Business License or other similar permit or license denied, revoked, or suspended by a City, State or local agency within the past 5 years. 3. The applicant, any other person including but not limited to relatives of the applicant or persons living at the facility shall not have been convicted of: (a) Any felony or crime which under the laws of the United States or any State would be a felony in the State of Idaho; (b) Larceny in any degree; (c) Any offense involving sexual misconduct,child abuse, child neglect, pandering or prostitution. 4 -23 -5: FIRE INSPECTION Fire inspections will be initiated during application for City License and will be performed by Fire Department personnel. 4 -23 -6: INSURANCE: Each applicant /operator shall demonstrate that it maintains liability insurance in the amount of $300,000 and furnish the Certificate of Insurance with a cancellation /notification clause in force showing that the City of Caldwell shall be notified of any cancellation or revocation of insurance coverage. 4 -23 -7: STANDARDS FOR ISSUANCE OF LICENSES: Upon completion of such investigation and upon receiving the positive recommendation of the Caldwell City Chief of Police, and Caldwell City Fire Department, a license may be approved for the child care facility, provided the Council finds and determines that: A. The child care facility meets all City fire and safety code requirements. B. Proof of liability insurance has been provided to City Clerk under Section 4 -23 -6. C. Proof has been furnished by Police Department of compliance under 4 -23 -4. 4 -23 -8: LICENSES: A. License. The City Clerk, subject to the satisfaction of the above stated conditions and the approval of the Council, shall issue annual licenses to each child care facility. Each license shall expire at the end of the calendar year from the date of its issuance. License shall not be transferable either as to place or person. Responsibility for the management and operation of the facility shall rest solely with the licensee and may not be delegated except for short periods of time in an emergency. B. The City Clerk shall collect, before the issuance of any license, an annual license fee of Ten Dollars ($10.00). 4 -23 -9: INSPECTIONS: It shall be the duty of the City Fire Department and Police Department to inspect, or cause to be inspected, child care facilities for which licenses under this Chapter have been issued as often as it may be necessary for the adequate control and supervision of the said facility. The City Fire Department and Police Department shall have the right to enter all such facilities • 0 at any reasonable time for the purpose of making necessary investigations, inspections, or safety training and shall be charged with the responsibility of enforcing and administering the provisions of this Chapter. The facility must continuously meet criteria of City and State Fire Department Occupany Codes or any license issued shall be revoked after notice and hearing before City Council. 4- 23 -10: LICENSEE TO REPORT CHANGES: Licensee is required to notify the City Clerk if there are any changes to the facilities as disclosed on the most recent applications for licensure so that background check may be instigated by City of Caldwell Police Chief. Any licensee failing to so notify the City Clerk or hiring any employee who fails to pass a review pursuant to Section 4 -23 -4 shall have their license revoked. If, during the period of any license issued under this Chapter, any change takes place in any of the requirements set forth in this Chapter, the licensee shall forthwith make a verified report of such change. 4- 23 -11: REVOCATION OR SUSPENSION OF LICENSE: Any violation of any of the provisions of this Chapter or any falsification or any misrepresentation in the application shall be cause for revocation or suspension; provided, however, that prior to any revocation or suspension the licensee shall be afforded an opportunity for a hearing. The right is hereby vested in the Council to revoke or cancel any City Child Care license at any time for violation of the provisions of the Idaho Code or the provisions of this Chapter of the City Code by the licensee or licensee's employees. 4- 23 -12: PENALTIES: Any person violating the provisions of Chapter 23, Title IV of the Caldwell City Code shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. License will be suspended, revoked or not renewed by the City for non - compliance with this Code. If any Section of this Ordinance is found unenforceable or unconstitutional by a Court of Law that all other sections of the Ordinance survive that determination of unenforceability and have a separate life of their own. Section 2. That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect on January 1, 1985, from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL day of November , APPROVED BY THE MAYOR day of Nmramhe r s of the 1984. of the 1984. ATTEST: City of Caldwell this 6th City C1 rk