(a) As used in this section:
(1) "Child day care service" means the service of a provider in administering to the needs of infants, toddlers, preschool children and school children outside of school hours, by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any part of a twenty-four hour day in the permanent residence of the provider, which service is provided for a remuneration or other consideration for infants, toddlers and children who are unrelated to the provider.
(2) "Provider" means an adult person or persons who provides child day care service, and who owns or is the lessee or tenant of the premises.
(3) "Unrelated" means a relationship with the child other than natural parent, natural guardian, legal guardian, legal custodian, legal adoption or a relationship by blood or by marriage.
(b) Child day care service shall be limited to six children at one time, no more than three of whom may be under two years of age at one time. In counting children for the purposes of this subsection, any children who are unrelated to the provider and any children under six years of age related to the provider who are on the premises shall be counted.
(c) Child day care service shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
(d) The Building Commissioner and the Chief of the Fire Prevention Bureau or their respective designees shall inspect and approve that the area of the premises to be used for child day care service is in accordance with the applicable standards of the Housing Code and Fire Prevention Code as to the use of the area for child day care service. Inspections shall be conducted semi-annually and at such other times as may be appropriate. The child day care service shall occupy and be limited to the area of the premises approved by the Building Commissioner and Chief of the Fire Prevention Bureau. The provider of the child day care service shall apply to the Building Commissioner and the Chief of the Fire Prevention Bureau for an inspection no later than sixty days after commencement of the service. It shall be the duty of the provider to cause the area of the premises to be used for child day care service to be accessible for inspection during regular business hours of the City.
(e) Any outdoor play area shall be enclosed on all sides by a fence, building wall or other structure, or landscaping so as to provide for safe outdoor play.
(f) The child day care service provider shall be responsible for compliance with all applicable City ordinances and State and federal statutes and regulations.
(g) The provisions of this section shall apply to any residential premises used, maintained or arranged for child day care service. In addition to the provisions of this section, any child day care service shall be subject to all other provisions of the Zoning Code applicable to the specific premises.
(h) Except as otherwise permitted by Chapter 1145, the operation of such service shall not be advertised by any sign on the dwelling or lot.
(Ord. 89-99. Passed 4-2-90.)