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0638 Day Care Misdemeanor 2007• 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 638 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 6.04.230 TO PROVIDE CLARIFICATION AS TO WHAT VIOLATIONS OF THE CHUBBUCK DAYCARE ORDINANCE SHALL CONSTITUTE A MISDEMEANOR AND PROVIDING PENALTIES; AMENDING SECTION 6.04.050 TO CLARIFY WHEN LICENSES ARE REQUIRED; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Code: Section 1. The following Section 6.04.230 shall be added to the Chubbuck Municipal the following:. 6.04.230: Misdemeanor. It shall be a misdemeanor for any person or entity to do license. 1. Operate a daycare of any kind as defined in Section 6.04.030 without a required 2. Operate a daycare and employ any unlicensed daycare employee as defined in Section 6.04.030. 3. Operate a daycare without having provided the police department with the necessary information to perform criminal history checks upon a) any individuals twelve (12) years of age or older living in the location where the daycare is provided, b) volunteers who have contact with the children or c) daycare employees or providers. 4. Operate a daycare without having appropriate immunization records required by Section 6.04.095. 5. Operate a daycare without complying with the staff and record requirements of Section 6.04.110. 6. Maintain a daycare not in compliance with the physical requirements of Section 6.04.120; Any person or entity violating this section shall be guilty of a misdemeanor. Each day that a violation occurs or continues shall be deemed a separate offense. Ordinance- page' chubbuck013007dayeeremisdord.wpd Section 2. Section 6.04.050 shall be amended as follows: 6.04.050 License --Re wired: A. No person shall be a daycare provider or daycare employee within the city unless a business license and a daycare provider's license is first procured, prominently displayed in the place, home, building or location, and is maintained in effect and unrevoked. B. Applicants for a license shall complete a form provided by the chief of police or the chiefs designee with information and authorizations necessary to provide complete criminal history checks, as set forth hereinafter. Such information shall include, but may not be limited to, a current list of all employees, all individuals twelve (12) years of age or older living at the location where daycare is provided, and regular volunteers who have unsupervised contact with the children. Failure to provide the necessary information or authorizations shall be grounds to deny a license. C. Daycare providers' licenses shall have subscribed thereon the maximum number of children allowed in the place, home, building or location wherein the daycare is provided. Such licenses are premises specific and may not be used to provide daycare in any place, home, building or location other than the one named on the license. as an emniovee, volunteer or resiaent over the age of twelve (12). ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Ordinance - Page 2 chubbudc013007dayoarerrisdord.wpd Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 27`x' day of March, 2007. en M. England, MXFR AT EST Ron Con in, CTTY CLERK - Paco 3