Ordinance - 2001 - 377 - Establish Day Care Regulations - 06/27/2001ORIGINAL
Ordinance No. 377
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO
ESTABLISHING DAY CARE REGULATIONS; REQUIRING LICENSES;
PROVIDING DEFINITIONS; REQUIRING APPLICATIONS AND AN
APPLICATION FEE; PROVIDING FOR THE ISSUANCE, DURATION AND
VALIDITY OF LICENSES; PROVIDING PENALTIES; PROVIDING
SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Eagle, Ada County, Idaho have
the authority to adopt ordinances for the regulation and/or licensing of day care services
pursuant to Idaho Code § 39-1108; and
WHEREAS, the Mayor and City Council desire to require mandatory licensing of day
care services within the city limits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, IDHAO, as follows:
Section 1: LICENSES REQUIRED: No person shall operated a Day Care Center
within the city without a current valid license issued by the City of Eagle (hereinafter
"City Day Care Center License") as provided in this Ordinance.
Section 2: DEFINITIONS: All terms used herein shall have the same meaning and
construction as found in Chapter 11, Title 39, Idaho Code, and as found in Eagle City
Code 8-1-2.
Childcare Facility: Any facility where children regularly receive care and supervision,
usually unaccompanied by the children's parents, guardians of custodians, and regardless
of whether the facility does or does not provide any instruction. This use excludes the
case of: a) the operator's children or legal wards or children related by blood or marriage,
b) occasional personal guests, and c) children aged twelve (12) years and over. Any
home, place, or facility providing overnight custodial services for lodging or boarding for
the occupants therein shall not be considered a childcare facility.
There are three (3) types of childcare facilities:
A. Family Day Care Home: A childcare facility for six (6) or fewer children.
Babysitting services are an accessory use to residential uses.
B. Group Day Care Facility: A childcare facility for seven (7) to twelve (12)
children.
C. Day Care Center: A childcare facility for thirteen (13) or more children.
Section 3: APPLICATION FOR LICENSE, FEE: Any person who wishes to
operate a Day Care Center shall submit a completed application, on the form provided by
the City of Eagle, to the City Clerk, and shall attach thereto a copy of a current, valid
basic day care license, granted by the Idaho Department of Health and Welfare, pursuant
to Chapter 11, Title 39, Idaho Code. A fee in the amount as set by resolution of the City
of Eagle, shall accompany the application. If the application for license is issued for less
than a full calendar year, the license fee shall be prorated as of the month of actual
issuance.
Section 4: ISSUANCE OF LICENSE, DURATION, AND VALIDITY:
A. Upon receipt of a complete application, accompanied by the required copy of a valid,
current, state issued basic day care license and required fee, the City Clerk shall issue the
applicant a City Day Care Center License, which must be posted in a conspicuous place
at the day care center.
B. The City Day Care Center License shall be valid until December 31 of each calendar
year. However, should the holder of a City Day Care Center License fail to maintain a
valid State Basic Day Care License for any reason, then the City Day Care Center
License shall lapse and become invalid until the state license is reinstated in full.
Section 5: VIOLATION: Any person operating a child care facility in violation of
this Ordinance shall be guilty of a misdemeanor, punished by a fine of not more than
$300.00, or by imprisonment not exceeding six (6) months as provided in Section 1-4-1
of Eagle City Code.
Section 6: SEPARABILITY: If any clause, sentence, paragraph, section, or any part
of this act, shall be declared and adjudged to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate,
or nullify the remainder of this section.
Section 7: EFFECTIVE DATE: This ordinance or a summary thereof in
compliance with Idaho Code § 50-901A, shall be published once in the official
newspaper of the City, and shall take effect immediately upon its passage, approval and
publication.
Passed by the Eagle City Council, Eagle, Idaho, this this ,72aK day of 'cu h'
2001.
CITY OF EAGLE
Ada County, Idaho
By:
ATTEST:
L-6— IL 1.61
_
Sharon K. Moore,
City Clerk/TreeaasurerSt,1:,)04°2 4+4\
(S
1*1 cape ere.
Rick Yza
Mayor
i
LEGAL NOTICE
Ordinance No. 377
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO ESTABLISHING
DAYOCARE REGULATIONS; REQUIRING UCENSES; PROVIDING DEFINMONS;
REQUIRING
RDURATITIONCAND VALIDITY OF D MI EN ES; PROCAllON E; PROVIDING FOR THE ISSU-
VIDING PENALTIES; PROVID-
ING
ENALTIESPROVID-
ING SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Eagle, Ada County, Idaho have the
authority to adopt ordinances for the regulation and/or licensing of day care services
pursuant to Idaho Code § 39-1108; and
WHEREAS, the Mayor and City Council desire to require mandatory licensing of day care .
services within the city limits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: UCENSES REQUIRED: No person shall operated a Day Care Center within
the city without a current valid license issued by the City of Eagle (hereinafter "City Day Care
Center License") as provided in this Ordinance.
Section 2: DEFINITIONS: All terms used herein shall have the same meaning and
construction as found in Chapter 11, Title 39, Idaho Code, and as found in Eagle City Code
8-1-2.
Childcare Facility: Any facility where children regularly receive care and supervision,
usually unaccompanied by the children's parents, guardians of custodians, and regardless of
whether the facility does or does not provide any instruction. This use excludes the case of:
al the operator's children or legal wards or children related by blood or marriage, bi
occasional personal guests, and c) children aged twelve (12) years and over. Any home,
place, or facility providing overnight custodial services for lodging or boarding for the
occupants therein shall not be considered a childcare facility.
There are three (3) types of childcare facilities:
A. Family Day Care Home: A childcare facility for six (6) or fewer children. Babysitting
services are an accessory use to residential uses.
B. Group Day Care Facility: A childcare facility tor seven (7) to twelve (12) children.
C. Day Care Center: A childcare facility for thirteen (13) or more children.
Section 3: APPLICATION FOR UCENSE, FEE: Any person who wishes to operate a
Day Care Center shall submit a completed application, on the form provided by the City of
Eagle, to the City Clerk, and shall attach thereto a copy of a current, valid basic day care
license granted by the Idaho Department of Health and Welfare, pursuant to Chapter 11,
Title 39, Idaho Code. A fee in the amount as set by resolution of the City of Eagle, shall
accompany the application. If the application for license is issued for less than a full
calendar year, the license fee shall be prorated as of the month of actual issuance.
Section 4: ISSUANCE OF UCENSE, DURATION, AND VALIDITY:
A. Upon receipt of a complete application, accompanied by the required copy of a valid,
current, state issued basic day care license and required fee, the City Clerk shall issue the
applicant a City Day Care Center License, which must be posted in a conspicuous place at
the day care center.
B. The City Day Care Center License shall be valid until December 31 of each calendar
year. However, should the holder of a City Day Care Center License fail to maintain a valid
State Basic Day Care License fr+r any reason, then the City Day Care Center License shall
lapse and become invalid until the state license is reinstated in full.
Section 5: VIOLATION: Any person operating a child care facility in violation of this
Ordinance shall be guilty of a misdemeanor, punished by a fine of not more than $300.00,
or by impnsonment not exceeding six (6) months as provided in Section 14-1 of Eagle City
Code.
Section 6: SEPARABILITY: If any clause, sentence, paragraph, section, or any part of
this act, shall be declared and adjudged to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate, or
nullify the remainder of this section.
Section 7: EFFECTIVE DATE: This ordinanceor a summary thereof in compliance with
Idaho Code § 50-901A, shall be published once in the official newspaper of the City, and
shall take effect immediately upon its passage, approval and publication.
PITY
Passed
by the
Eagle City Council, Eagle, Idaho, this 26th day of June, 2001.
Ada County, Idaho
By Rick Yzaguirre, Mayor
ATTEST: Sharon K. Moore
City Clerk/Treasurer
(BEAU
Pub. Jul. 6, 2001 1086