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0660 Home Occupation Day Care 2008.^ CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 660 n AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 18.12.030 (G)(2)(a) OF THE CHUBBUCK MUNICIPAL CODE TO ALLOW A DAY CARE PROVIDER OPERATING A DAYCARE AS A HOME OCCUPATION TO USE ON A TEMPORARY BASIS A LICENSED PERSON NOT AN INHABITANT OF THE RESIDENCE TO PROVIDE CARE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.12 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. Intent. A home occupation has required the use be carried on only by inhabitants of the home. This causes an issue with Day Care providers operating as a home occupation as the provider may occasionally need to take a child to the doctor or otherwise be absent from the premises. The Chubbuck Code governing Day Care requires a licensed provider to be present at all times. Given the critical importance day care is to families with working parents, the Council believes minimal impact will occur to neighborhoods if licensed providers may have procedures in place to use a licensed replacement on a temporary basis. Section 2. Amendment. Section 18.12.030 (G) (2) (a) of the Chubbuck Municipal Code is amended as follows: G. Home Occupations: 2. Major Home Occupations: The following regulations shall apply to all major home occupations: a. The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others. Notwithstanding this restriction a daycare provider operating as a home occupation under this Chanter may use a licensed daycare employee or licensed volunteer that is not an inhabitant of the home on a temporary basis when the daycare provider must be absent Ordinance - Page 1 chubbuck042208daycarechaptl8.wpd from the home. "Temporary" as used herein shall be for not more than fourteen consecutive days. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 23rd .day of september , 2008. England,4tevenZM. yorW( ATTEST: /�� (�! J?V4-7 Ron Conlin, City Clerk Ordinance - Page 2 chubbuck042208daycarechaptl8.wpd SUMMARY OF ORDINANCE NO. 660 An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho, amending Section 18. 12.030 (G)(2)(a) of the Chubbuck Municipal Code to allow a day care provider operating a daycare as a home occupation to use on a temporary basis a licensed person not an inhabitant of the residence to provide care; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections and provisions of chapter 18.12 not herein amended shall remain in full force and effect; and 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. 660 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2 L( SUMMARY OF ORDINANCE - Page 1 ch u bbuck092408.summaryord660.wpd day of , 2008.