§ 22-17. Day care center.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Family day care center means a home operated by a person residing on the premises who receives pay for the daytime care of one to ten children under seven years of age; however, after school hours, school holidays, and school vacations, children under 17 years of age are permitted. The operating hours shall be from 7:00 a.m. to 6:00 p.m. provided further that all such homes be licensed by the department of public welfare, and to conform to any other applicable laws.

Nursery school means a preschool, pre-elementary school, infant school nursery, nursery school, day nursery, wherein children of preschool age are in attendance.

(b)

Permit required. It shall be unlawful for any person to operate a family day care center or nursery school without first obtaining from the city a day care permit.

(c)

Permit application. All applications for a day care permit shall be in writing on forms furnished by the city. The application shall be sworn to and shall contain the full name of the applicant with his correct home address and an accurate description and correct address of the business premises which shall be deemed the proper address of the day care center and for all notices to the applicant.

(d)

Permit expiration. A day care permit shall expire at the end of each calendar year or when the address or owner of the day care center changes, whichever comes first.

(e)

Requirements, qualifications, etc. or permittee and premises.

(1)

No day care permit shall be issued to any person failing to meet the following requirements, conditions and qualifications:

a.

Applicant must be of good character and reputation, and 18 years of age or older.

b.

Applicants shall be citizens of the United States and the state and a resident of the state continuously for a period of not less than two years.

c.

Applicants shall not have been convicted of a felony under the law of the United States, of this state, or of any other state.

d.

The state department of health shall have inspected the premises and issued a certificate as to its suitability.

e.

The applicant shall have received a child care permit from the state prior to application for a city day care permit.

(2)

No day care permit will be issued for any premises when the presence of the day care center endangers the safety of the residents in the residential area or endangers the general welfare of the community.

(f)

Effect of application. A person applying for the permit required by this section shall be deemed to have consented to the normal investigate procedures being conducted by the police department.

(g)

Compliance with building code, restrictions, etc. All operations in a day care center shall comply with all applicable state laws, the restrictions of area in which the premises will be located and the city building code. No permit shall be issued pursuant to this section for any day care center that does not or will not so comply.

(h)

Restriction on building permit or certificate of occupancy issuance. No building permit or certificate of use and occupancy shall be issued for a day care center or nursery school until the applicant has obtained a child care permit.

(i)

Permit revocation. The permit required by the provisions of this section may be revoked if the permittee violates any of the said provisions or long ceases to possesses the qualifications required for permittee under the said provisions.

(j)

Requirements, qualifications, etc., of all family day care center personal.

(1)

Qualifications—Director.

a.

The director of a family day care center must be at least 21 years of age. During the director's absence from the center, a staff member must be designated to assume the director's responsibilities. This staff member must be at least 21 years of age.

b.

The director must have at least one of the following:

1.

Certificate from a vocational child care training program approved by the board of elementary and secondary education, plus one year of experience in a licensed child care center.

2.

Three years of experience as a director of staff on licensed child care center; plus six credit hours in child care, child development, or early childhood education. Thirty "clock hours" may be substituted for each three credit hours.

3.

An Associate of Arts Degree in childhood development or a closely related area, and one year of experience in the center.

4.

A child development associate credential.

5.

A Bachelor's Degree from an accredited college or university with at least 12 credit hours of child development or early childhood education, and one year experience in a center.

c.

Documentation of director's credentials must be available at the center.

d.

Directors hired prior to the effective date of the ordinance from which this section is derived must come in compliance with these regulations within three years.

(2)

Same—All staff.

a.

All staff must be age 18 years or older. The center may, however, include in the staff/child ratio, a person 16 or 17 years old who works under the supervision of a qualified adult staff.

b.

Staff includes the director, the director's spouse, individuals living on the premises, child care staff, and any other employees of the center.

c.

Each staff members must be known in the community to be of good reputation. They must be fingerprinted to determine if they have been found guilty of any felonies or crimes which involve children or sexual misconduct.

d.

The employer must request in writing that the state bureau of criminal identification and information supply information to ascertain whether that person has been convicted of, or pled nolo contendere to, any felonies or crimes which involve children or sexual misconduct.

e.

The bureau shall charge the employer for all costs associated with the investigation.

(Code 1976, § 13:17; Ord. No. 1102, 7-13-1998)