Daycare Ordinance

The Yankton City Commission is currently waiting to receive more information about the legal ramifications of a proposed daycare ordinance. They will also be informed about the daycare ordinances of some other South Dakota communities and what kind of staff resources are needed to enforce them.

In the meantime, you might want to read the draft version of the ordinance being proposed for Yankton so you can weigh in with your thoughts.

Here is a copy of the ordinance:

Yankton (Draft)
Division 1.  GENERALLY
Sec.   Definitions.
Building code  means the currently-adopted version of the construction standard and technical codes as adopted in chapter 7 of this Code.
Employee  means a person who provides child care services for compensation in a home day care business, but who is not the proprietor of such business, for at least 20 hours per week.
Fire code  means the currently-adopted version of the international fire code as adopted in chapter 8 of this Code.
Home day care  means the provision of regular care and supervision for compensation of no more than 12 children at one time (including the provider’s own children who are under the age of six years) for part of a 24-hour period as a supplement to regular parental care.
Play area  means an area in the yard of the premises where a home day care is operating which is outside of any structure and where children are regularly taken for outdoor play and recreation.
Special exception  means an approved application to the zoning board of adjustment in accordance with section 27 of this Code.
Sec. .  License required.
(a)   Every person engaged in the business of operating a home day care shall, before engaging in such business, obtain a license to do so as provided in this article.
(b)   The fee for such license shall be $25.00 annually.
(c)   All home day cares must obtain a license before December 31, 2011; however, licenses may be obtained prior to that date.
Sec. .  Application.
Any person desiring to procure a license as provided in this article shall file with the city finance officer a written application on a form provided by the city. The application shall be signed by each adult operating the day care or residing in the premises in which the day care business is being conducted. The application shall contain, at a minimum, the following information:
(a)   A floor plan of the proposed location;
(b)   The expected number and age range of the children being cared for;
(c)   A consent form for performing a criminal background investigation and verification of central registry status.
Sec. .  License renewal.
Applications for renewal shall be submitted within 45 days of the expiration of the current license.  Licenses shall expire on December 31st of each year.
Sec. .  Criminal history.
(a)   All applicants for a license under this chapter and all adult residents of the household in which the home day care business is to be operated and all employees of the home day care shall submit to a nationwide criminal background investigation. This section shall not apply to any person under the age of 18 years. Employees of a home day care must pass a background check in order to obtain a license.
(b)   If any person who has been convicted of child abuse pursuant to SDCL ch. 26-10, a sex offense pursuant to SDCL ch. 22-22, or, within the preceding five years, any other felony resides in the premises in which the home day care business is being conducted, a license under this chapter may not be issued.
(c)   Nothing herein shall limit the discretion of the city council to deny issuance of a home day care license or permission for a person to work as an employee of a home day care based on the person’s criminal history.
Sec. .  Central registry for child abuse and neglect/sex offender registry.
No person whose name is currently, or at any time in the past has been on the South Dakota central registry for abuse and neglect, the South Dakota sex offender registry, or any similar registry or list maintained by any other state, shall reside in the premises in which the home day care business is being conducted, nor shall such person be employed in any capacity by the home day care.
Sec. .  Age requirements.
No person under the age of 14 years of age may be licensed under this article.
No person between the ages of 14 years of age and 17 years of age shall provide child care services in a home day care unless a licensed home day care provider is actually present in the home day care facility.
Sec. .  CPR required.
All home day care operators licensed under this ordinance must maintain a current cardiopulmonary resuscitation (CPR) certification from the American Red Cross, American Heart Association, or suitable equivalent. Employees of a home day care are recommended to have such certification.
Sec. .  Special exception required.
Any home day care operating in any zoning district shall obtain a special exception to the applicable zoning ordinance prior to obtaining a license.
Sec. .  Inspections.
Any day care licensed under this chapter shall be inspected by the fire marshal prior to the issuance of a license. All home daycares shall be open to announced or unannounced inspection by city officials at any time during normal business hours. The fire marshal shall re-inspect each premises prior to recommending the renewal of a license.

Sec. .  Fencing or other barrier.
Any day care under this chapter shall comply with the City of Yankton zoning requirements for fencing or other barriers.
Sec. .  Building code requirements applicable.
Nothing in this chapter shall be construed to exempt any structure from any otherwise applicable portion of the relevant building code or fire code. In any case where the building code requirements are in conflict with the requirements of this chapter, section, the more stringent requirement shall apply. Where the use of a portion of the structure as a home day care is deminimis, the building official or fire marshal may deviate from the code by using alternate methods.
Sec. .  State registered home day cares.
Any home day care which falls within the scope of this chapter but which is registered as a family day care pursuant to SDCL ch. 26-6 and ARSD ch. 67:42:03 shall be required to obtain a license pursuant to this chapter. However, only the following provisions shall apply to state-registered family day cares:
(a)   No fee shall be charged for such license.
(b)  Shall provide a copy or the license or registration to the city.

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