[CC 1990 §14-663; Ord. No. 7846 §§1 — 2, 12-5-2011]
As used in this Article, the following terms shall have the
following definitions:
Any person eighteen (18) years of age or over.
Includes an individual who is under the age of eighteen (18)
and the word "children" means and includes more than
one (1) such individual.
A facility, other than the provider's permanent residence
or separate from the provider's living quarters, where any person
advertises or holds themselves out as providing care for more than
four (4) children for any part of the twenty-four (24) hour day, for
compensation or otherwise, except those operated by a school system
or in connection with a business establishment as a convenience for
its customers or for its employees. But such facilities shall not
be allowed in a "shopping center".
Any child under the age of twelve (12) months.
A school operated by a person or organization which is conducted
primarily for education of preschool age children for no more than
four (4) hours per child per day and which provides no custodial care.
Includes any person, firm, corporation, association, institution
or other incorporated or unincorporated organization.
Any child two (2) years through five (5) years of age who
is not in kindergarten for five (5) year old children.
Any of the following relationships by marriage, blood or
adoption between the provider and the children in care: parent, grandparent,
great-grandparent, brother, sister, stepparent, stepbrother or stepsister.
Any child age five (5) years or older who is in kindergarten
or elementary school.
A public or private school which provides education in at
least the first (1st) through the sixth (6th) grade.
Two (2) or more businesses located under a common roof and
conducted by different owners or managers.
Any child between age twelve (12) months to twenty-four (24)
months.
[CC 1990 §14-664]
A.
It
shall be unlawful for any person to establish, maintain or operate
a child day care center for children or to advertise or hold themselves
out as being able to perform services for a child day care center
without having in full force and effect a written license therefore
granted by both the Missouri Department of Health and Senior Services
(State license) and the City of Florissant, provided that nothing
herein shall apply to:
1.
Any person who is related by blood, marriage or adoption to the child
involved and caring for no more than four (4) other non-related children;
2.
Any person who has been duly appointed by a court of competent jurisdiction
as guardian of the child or children or the person who has legal custody
of the child or children;
3.
Any person who receives free of charge and not as a business, for
periods not exceeding a period of ninety (90) days as bona fide, occasional
and personal guests, the child or children of personal friends of
such person and who receives custody of no other unrelated child or
children;
4.
Any graded boarding school, nursery school, summer camp, summer camp
hospital, sanitarium or home which is conducted in good faith primarily
to provide education, recreation, medical treatment or nursing or
convalescent care for children;
5.
Any institution or agency maintained or operated by the State, City
or County; and
6.
Any residential facility or day care program licensed by the Department
of Mental Health under Sections 630.705 — 630.760, RSMo., which
provides care, treatment and debilitation to children who have a primary
diagnosis of mental disorder, mental illness, mental retardation or
developmental disability as defined in Section 630.005, RSMo.
[CC 1990 §14-665; Ord. No. 5525, 8-23-1993; Ord. No.
5667, 10-24-1994]
A.
Annual Applications. Annual applications for a child day
care center shall be made to the Director of Finance.
B.
Application Forms. Application forms may be obtained from
the Director of Finance. The application shall contain the names,
addresses, Social Security numbers of the applicant and all persons
who are performing services for a child day care center as an employee,
agent, independent contractor or otherwise. Each such person shall
execute an authorization for the Chief of Police of Florissant and
the Missouri State Highway Patrol to conduct a complete record check
of each such person through the Florissant Police Department and/or
the Missouri State Highway Patrol prior to the commencement of any
services for the child day care center.
C.
License Renewal Application. Annual renewal applications
shall be submitted on forms provided by the Director of Finance or
facsimiles thereof along with a copy of the original license application
and shall state the information on the original application is still
correct or shall state in what manner the application must be changed
to reflect the current conditions. Sections of the applications shall
reflect any changes as required.
D.
Review Of Application. The application or renewal application
shall be investigated by the Director of Finance or designee to verify
and determine the truth, accuracy and correctness of the application.
E.
Standards For Issuance Of License. No license shall be issued
where:
F.
Limitations Pertaining To Fitness Of Applicant. No application
shall be approved nor any license shall be issued where the operator,
an employee or any person regularly present on the premises has committed
an act demonstrating a lack of fitness to care for children, including
child molestation or abuse, theft, fraud or any other act of moral
turpitude.
G.
Application Fee. The application together with an application
fee of one hundred dollars ($100.00) shall be submitted to the Director
of Finance, provided however, that persons with multiple day care
centers within the City shall not pay more than five hundred dollars
($500.00) in application fees.
[CC 1990 §14-666]
No person operating a child day care center shall fail to show
upon request during normal business hours a copy of the operator's
child day care center licenses issued by the State of Missouri or
the City.
[CC 1990 §14-667]
No child day care center which has been issued a license under
conditions shall operate in violation of those conditions.
[CC 1990 §14-668]
If the Director of Public Works finds that the child day care
center is being operated in violation of any City ordinance or conditions
imposed as a condition of the license or finds that all utilities
are not being maintained without any interruption in service for non-payment,
he/she shall notify the operator that the license will be suspended
within five (5) days following delivery of such notice and shall remain
suspended until there is a finding that the conditions giving rise
to the violation has been abated. If the violations are not promptly
remedied, the license may be revoked.
[CC 1990 §14-669; Ord. No. 5366, 7-13-1992; Ord. No.
5525 (14-665 (g), 8-23-1993; Ord. No. 5667, 10-24-1994]
Any person found to be in violation of any of the provisions contained herein shall be subject to the penalties prescribed under Section 100.080 of the Florissant Code of Ordinances.
