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0558 Criminal Background Checks 2002CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 5 8 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 6.04.150 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE APPROPRIATE STATUTORY REFERENCES FOR CRIMINAL BACKGROUND CHECKS .FOR DAYCARE PROVIDERS OR EMPLOYEES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 6.04 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amendment. Section 6.04.150 of the Chubbuck Municipal Code is amended as follows: 06.04.150 License Application—Criminal History Check: A. As a condition of receiving or maintaining a daycare provider's or employee's license under this Chapter, the Police Department is authorized to undertake local criminal history checks of all persons from whom authorizations have been received in connection with a license application. The Department is further authorized to undertake State and national criminal history checks for all applicants, whether a new application or renewal, or where information obtained in a local check or subsequent information received from other sources indicates to the Department a need therefor. Such checks, including fingerprint searches, may be made of the following sources: 1. National Crime Information Center; 2. Federal Bureau of Investigation; 3. Criminal Identification Bureau, statewide; 4. Employment history; 5. City, county and state records at former residences over the past ten (10) years; 6. Such other reasonable information sources as circumstances may indicate. B. Subsequent criminal history checks may be made of any person from whom an authorization has been received in connection with a license application, or renewal, to the extent deemed to be required by the Chief of Police or the Chief s designee. C. Notwithstanding any other provisions if this Title, a criminal history check shall include all checks required by Idaho Code Section 39-1105. D. To determine the suitability of prospective applicants for daycare provider's or employee's license, the Chief of Police or the Chief s designee shall require an applicant to provide information and fingerprints necessajy to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the Chief of Police or the Chief s designee shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fini2emrints and information required by this section shall wor Ordinance - Page 1 chubbuck04.17b • dissemination or other use of the criminal history information is prohibited. 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. All other sections and provisions of Chapter 6.04 no-, herein amended shall remain in full force and effect. 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. 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 23RD day of APRIL , 2002. i MAYOR ATTEST: tl�' I a�q" CITY CLERK Ordinance - Page 2 chubbuck04.17b SUMMARY OF ORDINANCE NO. 5 5 8 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending Section 6.04.150 of the Chubbuck Municipal Code to provide appropriate statutory references for criminal background checks for daycare providers or employees; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 6.04 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 5 5 8 of the contents of this ordinance. DATED this 2 3RD day of SUMMARY OF ORDINANCE NO. _ - Page t chubbuck04.17c and that the summary provides adequate notice to the public APRIL .2002. Thomas J. Holmes, City Attorney