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CITY OF CHUBBUCK, IDAHO <br />ORDINANCE NO. 5 8 6 <br />AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING <br />CHUBBUCK MUNICIPAL CODE SECTION 6.04.030 TO DEFINE AN EXEMPT AND <br />NONEXEMPT FAMILY HOME DAYCARE, TO DEFINE COMPENSATION; AMENDING <br />6.04.040 TO PROVIDE AN EXEMPT FAMILY HOME DAYCARE IS NOT REQUIRED TO <br />HAVE A LICENSE WAIVING THE CITY'S FEE FOR NON-EXEMPT FAMILY HOME <br />DAYCARE; AMENDING 6.04.110 (A) TO CLARIFY WHEN CHILDREN OF THE <br />PROVIDER OR AN EMPLOYEE ARE NOT COUNTED FOR STAFFING PURPOSES; <br />AMENDING 6.08.010 TO EXCLUDE THE NECESSITY OF CODE COMPLIANCE FOR AN <br />EXEMPT FAMILY HOME DAYCARE AND TO REQUIRE INSPECTIONS BUT NOT CODE <br />COMPLIANCE FOR A NONEXEMPT FAMILY HOME DAYCARE; REPEALING PRIOR <br />CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE <br />PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND <br />PROVISIONS OF CHAPTERS 6.04 AND 6.08 NOT HEREIN AMENDED SHALL REMAIN <br />IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL <br />BECOME EFFECTIVE. <br />BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF <br />CHUBBUCK, IDAHO: <br />Section 1. Intent. Ordinance 564 enacted by the City of Chubbuck reduced the number <br />of children triggering the definition of a daycare provider from five to one. The reduction plus <br />the definition that a daycare provider is one providing daycare for one or more children "in return <br />for compensation" has raised some question as to when the daycare ordinance applies if a family <br />member, such as a grandparent, is simply taking care of their grandchildren for no compensation <br />other than perhaps reimbursement for food, diapers and other incidentals. The City recognizes <br />the State of Idaho Department of Health & Welfare through the Idaho Child Care Program <br />("ICCP") does provide compensation for qualifying individuals. The City further recognizes that <br />a blanket exemption of a class of people, such as relatives or even grandparents, from the daycare <br />provider ordinances is not appropriate because there have been instances of problems in the past <br />with such relatives and grandparents. The City adopts the following amendment to the daycare <br />ordinance to strike a balance between those instances where compensation is being provided <br />through ICCP and where daycare is being provided by a close relative. <br />Section 2. Amendments. Sections 6.04.030, 6.04.040, 6.04.110 (A) and 6.08.010 are <br />amended as follows: <br />6.04.030 Definitions: For the purposes of this Chapter, the following definitions shall <br />apply: <br />A. Daycare: Any home or place, other than one meeting the definition of a Family Home <br />Daycare, where nonmedical care, protection, and supervision is regularly provided to children <br />under twelve (12) years of age, for periods less than twenty-four (24) hours per day, while the <br />parents and guardians are not on the premises. <br />B. Daycare Employee: Any person hired to assist a daycare provider with the care of <br />children or an unpaid employee or an unpaid volunteer that assists a daycare provider with the <br />care of children. <br />Ordinance - Page 1 <br />chubbuck03.02a <br />