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Home My WebLink AboutORDINANCES-1982-039-O-82April. 8, 1982 U 39-0-82 AN ORDINANCE Regulating the Registration and Inspection of Child Day Care Homes WHEREAS, the City Council of the City of Evanston deems it in the best interest of the public to supervise the operation of local child day care homes; and WHEREAS, the Council has determined that requiring registration of day care homes and providing inspections of such homes for their compliance with local codes is the most effective way to protect the public and parti- cularly the children cared for in the homes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 8 of the Code of the City of Evanston, 1979, as•amended, be and the same is hereby further amended by adding a new chapter 17 which shall read as follows: CHAPTER 17 Child Day Care Homes 8-17-1: Definitions' 8-17-2: Registration Permit Required 8-17-3: Application for Permit 8-17-4: Inspection 8-17-5: Standards for Issuance of Permit 8-17-6: Terms of Permits 8-17-7: Records and Reports 8-17-8: Compliance with Local Codes 8-17-9: Appeal Process 8-17-10: Penalty 8-17-11 : ' Summary Action 8-17-1: DEFINITIONS: For the purposes of this Ordinance, the following terms, phrases, words, and derivations shall have the. meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. . . 39-0-82 APPLICANT: A person that submits to the Health and Human Services Department an application for a permit or the renewal of a permit to conduct, operate .or maintain a child day care home under this Ordinance. CHILD DAY A family home which regularly provides day care for CARE HOME: less than 24 hours per day for not more than eight (8) children, under nine (9) years of age. The maximum • of eight (8) children includes the family's natural or adopted children under age eighteen (18) and those children who are in the home under full-time care, as defined in Section 2.17 of the Illinois Child Care Act. DEPARTMENT: The Health and Human Services Department of the City of Evanston, charged with the responsibility of en- forcing and administering the provisions of this chapter. PERSON: Any person, firm, partnership, association, corpora- tion, company or any organization of any kind. 8-17-2: REGISTRATION PERMIT REQUIRED: No person shall conduct, operate or maintain or permit to be conducted, operated or maintained, or participate in the conduct, operation or maintenance of a child day care home within the city unless the City of Evanston has issued a registration permit as provided for in this Ordinance and which is in full force and effect. 8-17-3: APPLICATION FOR PEPMIT: Application for such registration permit shall be made to the Health and Human Services Depart- ment of the City in such form and manner as may be prescribed by said Department. The application shall be under oath and shall contain (a) the location of.the day care home for which a permit is sought; (b) the number of children to be cared for; (c) the name and address of the applicant if an individual, and if a firm, partnership or association, the principal • address of the corporation and name and address of its officers; (d) the name of the person(s) under whose management or supervision the day care home will be conducted; (e) a health certificate indicating that the appli- cant is free of communicable diseases; (f) such other information as the .Department may request. 8-177-4:. INSPECTION: Upon receipt of an application for a permit here- under, the. Department shall cause an inspection to be made of the child -day care home by the City's Fire, Housing and Health Departments. The applicant shall afford the representatives of the City's Departments reasonable opportunity to inspect the applicant's child day care home for which the permit is requested and to interview the applicant's aclents and employees and any child or other person within his or its custody or con- trol in the particular home for which a permit is being requested. 8-17-5: STANDARDS FOR ISSUANCE OF PERMIT: Upon completion of such inspection, the Department shall issue an appropriate permit to the applicant for the child day care home providing the Department finds and determines that the applicant meets the minimum standards of the Fire, Housing and Health codes and that such child day care home conforms to the requirements of this Ordinance. 8-17-6 TERMS OF PERMITS 8-17-6-1: BIENNIAL PERMIT: The Department shall provide for the issu- ance and renewal of permit for child day care homes. The .perm its shall be issued on forms prescribed by the Department. Each permit, whether an original or a renewal permit, shall expire at the end of two • years from the date of its issuance (which date of expiration shall be stated upon its face) unless sooner revoked or surrendered. Permits shall not be transferable either as to place or person. The registered permit shall be.displayed in a conspicuous place near the main entrance inside the home. - 2 - i1 8-17-6-2: PROVISIONAL PERMIT: The Department may issue a provisional �'. permit to any applicant for any period not to exceed six months if the applicant is temporarily unable to comply with oil of the requirements of this Ordinance. Such provisional permit may be rppewod �i but only.for one additional period, not exceeding six months, provided the applicant has made reasonable efforts to comply with such require- ments. • ! 8-17-7: RECORDS AND REPORTS: Every registrant shall keep and main- tain such records and make such reports to the Department as it may reasonably require upon such forms as it may prescribe. Data from such reports and from applications on file within the City shall be j made. available by the Department to the. Evanston Community Coordinated i; Child Care Office. l�8-17-8: COMPLIANCE WITH LOCAL CODES: The premises used as child I day care homes as defined by the City Code shall comply with the Housing, Zoning, Fire and Health provisions of the Code of the + City of Evanston for the type of structure being utilized. 8-17-9: APPEALS: Whenever the Department shall refuse to issue a permit, or to renew a permit or shall revoke a permit for ;j a child day care home, the person aggrieved shall have the right to ii appeal the decision of the Department to the City Manager. The City Manager or his designee shall grant such person a reasonable opportunity to present in writing, or at the City Manager's option in open hearing, his arguments against such decision of the Department. The City Manager Ij shall consider such arguments and the pertinent facts and shall provide i, a brief response to the appeal within 45 days. The decision of the City Manager with respect to such appeal shall be final.. i` 8-17-10: PENALTY: Any person violating any of the provisions of ithis Ordinance shall be fined not less than $25.00 nor more than $500.00 for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be guilty of any such violation. l 8-17-11: SUMMARY ACTION: Whenever an inspection of a child day I; care home discloses that such Home is in violation of local i codes and poses an immediate and serious menance to public health and safety, the City is hereby authorized to revoke registration and to close such Home forthwith. SECTION 2: Child Day Care Homes licensed by the State of Illinois at the time this .Ordi,nalnce takes'%effect shall apply for registration, no later than two (2) years from the date of issuance of its current State of Illinois license. I SECTION 3: The sections, paragraphs, sentences, clauses, and phrases of this.chapter are severable, and if any ! section, paragraph, sentence, clause or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any •of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance. I� II I! 1; - 3 - f' ij ( SECTION 4: All ordinances or parts of ordinances in conflict here- ;' with are hereby repealed. E it SECTION 5: This ordinance shall be.in full force and effect from ij and after its passage, approval, and publication in l± 4y the manner provided by law. Introduced: Ad I`3 1982 C� Adopted: a? 1982 1 Approve 198 1 {I ATTEST: C•ty Cl k ' ApI rovekas t form: torporation ounsel - 4' -