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SUMMARY OF ORDINANCE NO. 533
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
amending section 5.07.140 of the Chubbuck Municipal Code ("Code") to require a driver's
license rather than a chauffeur's license for operation of a taxicab, amending section 6.04.060 of
the Code to provide day care licenses shall be for one year rather than two years, providing that
day care licenses expire one year from date of issue and providing that all licenses issued prior to
July 1, 2000 shall expire on the expiration date in effect when the license was issued, adding
Section 6.04.095 to Code to require that all child care facilities require all children to be
immunized and to keep a copy of the immunization records, providing for limited exceptions in
the case of health or religious reasons, amending section 6.04.120 of the Code to require
additional standards for facilities as far as general housekeeping; providing for the repeal of
conflicting ordinances-, providing that all other provisions of Chapters 5.07 and 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, 1D 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 533 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this Z day of July, 2000.
SUMMARY OF ORDINANCE NO. 533 - Page 1
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Thomas J. Holmes, City Attorney
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 533
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION
5.07.140 TO REQUIRE A DRIVER'S LICENSE INSTEAD OF A CHAUFFEUR'S
LICENSE; AMENDING SECTION 6.04.060 TO PROVIDE FOR ANNUAL
LICENSES FOR DAYCARE FACILITIES; ADDING SECTION 6.04.095 TO
REQUIRE ALL CHILDREN IN A DAYCARE FACILITY TO HAVE CURRENT
IMMUNIZATIONS; AMENDING 6.04.120 TO SPECIFY CERTAIN CONDITIONS
APPLICABLE TO DAYCARE FACILITIES; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF
THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND
PROVISIONS OF CHAPTERS 5.07 AND 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. Amended Section 5.07.140 Section 5.07.140 is amended as follows:
5.07.140 Requirements for operation of taxicab. It shall be unlawful for any person to
drive or operate a licensed taxicab without first complying with the following requirements:
A. Be of the age of twenty-five years or over,
B. Possess a valid elaus driver's license issued by the state of Idaho as required
hereinabove;
C. Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, ear
trouble, or any other infirmity of body or mind which might render him unfit for the safe operation
of a taxicab;
D. Be able to read and write in the English language;
E. Be clean in dress and person and not be addicted to the use of intoxicating liquors or
drugs;
F. Possess a valid taxicab driver's license issued by the city, pursuant to the following
procedures and requirements.-
1.
equirements:1. Provide the city clerk, on a form to be provided by the city, a statement giving the
applicant's full name, residence, place of residence for one year previous to moving to the present
address, age, color, height, color of eyes and hair, place of birth, length of time he has resided in
the city, whether a citizen of the United States, places of previous employment, whether married
or single, whether he has ever been convicted of a felony, a misdemeanor involving moral
turpitude or possession or sale of narcotics, whether he has previously been licensed as a driver or
chauffeur and, if so, whether his license has ever been revoked and for what cause, that he will
read and familiarize himself with all traffic laws and regulations relative to the operation of a
motor vehicle on the public streets and highways, which statement shall be signed and sworn to by
the applicant and filed by the police department as a permanent record.
2. Upon examination by the chief of police of the applicant and upon all facts disclosed
by the requirements hereinabove, the chief of police may issue such applicant a taxicab driver's
license, or if said chief of police is not satisfied that the applicant is a suitable and proper person to
operate a taxicab upon the streets of the city, he may reject the applicant his license to so operate.
If the application is rejected by the chief of police, the applicant may request a hearing before the
city council to offer evidence why his application should be considered. A majority vote of the
governing body is sufficient to issue or reject said applicant a license after said hearing. The city
council's decision shall be governed by the standards set forth in this chapter.
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Section 2. Amended Section 6.04.060 Section 6.04.060 is amended as follows:
6.04.060 License—Period Of Validity: Licenses issued under this Chapter shall be valid for
.r and shall expire one vear from the date of issue. All licenses in effect prior to Julv 1 _
shall
date the
issuance.December 3 f of the year fbilowing the year of To renew a license, the
provider or employee must present a completed application accompanied by the license fee, at
least thirty (30) days prior to license expiration.
Section 3. New Section 6.04.095. The following Section 6.04.095 is added to the
Chubbuck Municipal Code:
6.04.095 Required Immunizations: All child care facilities shall require all children to be
age -appropriately immunized. A current copy of the immunization records for all children in the
provider's care shall be on file within fourteen (14) days of the initial attendance. These
immunizations will be updated for the child's age as recommended by the Public Health Service
Advisory Committee on Immunization Practices (ACIP). The only exception shall be for health
reasons or on religious grounds in which case the day care provider shall have on file the records
required in Section 6.04.110(6).
Section 4. Amended Section 6.04.120. Section 6.04.120 is amended as follows:
6.04.120 Physical Facilities:
A. All places, homes, buildings or locations wherein daycare services are licensed
pursuant to this Chapter shall conform to the Uniform Building and Fire Codes, as adopted and
amended by the City and as interpreted by the Building Official and Fire Chief in their discretion.
However, said places, homes, buildings or locations shall conform to the State Fire Safety
Standards for Day Care, L.D.A.P.A. 18G.55, if any of those standards are more stringent than
those adopted from time to time by the City.
B. All places, homes, buildings or locations wherein daycare services are licensed
pursuant to this Chapter shall comply with the health standards adopted from time to time by the
Southeastern District Health Department pursuant to Idaho Code 39-1110 and 39-1111.
C. All places, homes, buildings or locations wherein daycare services are licensed
pursuant to this Chapter shall comply with Title 18 of this Code.
D. Outdoor play areas shall abut the physical facility and shall be enclosed at any places,
homes, buildings or locations wherein daycare services are licensed pursuant to this Chapter.
E. All places, homes, buildings or locations wherein daycare services are licensed
pursuant to this Chapter shall have a safe and reliable water supply which complies with the rules
of the Southeastern District Health Department and shall be supplied with reasonable articles for
personal hygiene such as hot water, soap, and either paper towels, multiple -use towels, or hot air
dryers.
F. Daycare facilities located in an owner -occupied residence as a home occupation shall
be limited to twelve (12) children; provided each child eighteen (18) months and younger shall be
counted as two (2) children. For purposes of this Section, the children of the provider or any
employee shall be included and counted.
G. Daycare operations shall not be located above or below the main floor for children
under eight (8) years of age.
H. No smoking shall be allowed inside any daycare facility while services are being
provided.
I. The following standards shall be observed.-
Walls,
bserved:Walls, ceilings, floors, and other surfaces throughout the day care facility shall be
maintained free from visible soil- and in a clean condition_
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2) Indoor environmental surfaces associated with children's activities, such as
tabletops, shall be cleaned and disinfected when they are soiled or at least once
weekly,
3) Carpets and floors shall be maintained in good repair;
4) Floors, except those carpeted, shall be vacuumed or swept and mopped with a
sanitizing„ solution at least daily and when soiled,
5J Carpeting, rugs, or throw rugs shall be maintained free from visible soil.
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 Chapters 5.07 and 6.04 not 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 25TH day of JULY , 2000.
ATTEST:
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CITY CLERK
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