§ 92.187 DANGEROUS MATERIALS AND OBJECTS.

   Flammable and combustible liquids and poisonous materials shall be stored in a space accessible only to designated personnel. Firearms shall be unloaded and stored in a locked area. Firearms and ammunition shall be stored separately. All sharp kitchen utensils, matches and lighters shall be inaccessible to children.

(1992 Code, § 19-130) (Ord. 91-08, passed 7-14-2008)

§ 92.188 CPR AND FIRST AID TRAINING REQUIRED.

   All family day care providers and registered helpers registered under this chapter must maintain a current infant/child cardiopulmonary resuscitation (CPR) certification from the American Red Cross, American Heart Association, or suitable equivalent, as well as provide a copy of a current certificate of completion for first aid training to the health department.

(1992 Code, § 19-131) (Ord. 91-08, passed 7-14-2008; Ord. 28-12, passed 4-9-2012)

§ 92.189 INSPECTIONS.

   All family day care homes shall be open to announced or unannounced inspection by health department employees, law enforcement, code enforcement officers and day care parents at any time during normal business hours. The most recent family day care home inspection by the health department shall be displayed in plain view within the family day care home.

(1992 Code, § 19-132) (Ord. 91-08, passed 7-14-2008; Ord. 13-11, passed 3-7-2011; Ord. 28-12, passed 4-9-2012)

§ 92.190 SUSPENSION OR REVOCATION OF REGISTRATION.

   (a)   The public health director has authority to suspend or revoke a registration for good cause. “Good cause” may include, but is not limited to:

      (1)   Circumstances or events, including exigent circumstances or events, or for the purpose of conducting an investigation involving a provider’s action, inaction or failure to comply with any terms of this subchapter when reasonably corroborated and objectively considered to pose an imminent risk of harm to the health, safety or rights of a child in care;

      (2)   A registrant, a provider employed by the registrant or a person present on the premises on a regular basis is required to register as a sex offender under SDCL chapter 22-24B;

      (3)   A registrant, a provider or a person present on the premises on a regular basis employed by the registrant has been added to the central registry for child abuse established by SDCL 26-8A-10;

      (4)   A registrant, a provider or a person present on the premises on a regular basis is a person described in the first sentence of SDCL 26-6-14.11 or otherwise ineligible under state or federal law to be a registrant or provider;

      (5)   The applicant omitted material information upon the application for registration under § 92.172;

      (6)   The information on the application for registration under § 92.172 contains a material misstatement of facts;

      (7)   Any failure to comply with the requirements of this subchapter or temporary suspension for any substantiated allegation of mistreatment, neglect or improper supervision;

      (8)   Failure to cooperate with health department personnel investigating a complaint regarding the family day care home or a provider, including an impromptu site visit;

      (9)   The state department of social services/ child care services has denied, suspended, revoked or refused to renew registration under SDCL ch. 26-6; or

      (10)   Notwithstanding division (a)(1) above, any other substandard condition that the health department has determined constitutes a threat to the health, safety or well-being of a child or the children cared for in the family day care home, of which the health department has been notified and the department has had an opportunity to thereafter notify the registrant, and the condition has not been remedied within the time specified by the health department.

   (b)   If the public health director finds good cause to suspend or revoke a day care registration, the director may take immediate action to suspend or revoke the provider’s registration. A registration suspension shall be temporary in nature and the terms of any suspension shall be specified at the time of issuance; however, if no other time period is specified for a registration suspension, the suspension shall be deemed in effect for the initial maximum time period of 90 days. The suspension period may be reviewed and increased by up to 90-day increments if there is a valid reason for the extension. Circumstances that shall constitute a valid reason for the extension include, but are not limited to, circumstances where either a police or child protection services investigation or action has not been determined or concluded, or where a finding against the provider at the state level has been appealed. However, a total period of suspension shall not exceed one year under any circumstances. The provider shall be informed of any temporary suspension or extension(s) of the suspension period. A provider shall have the right to appeal any suspension, extension of a suspension or revocation pursuant to the provisions of this code. Any circumstances or events that lead to a registration suspension herein can similarly amount to good cause for a registration revocation. A revocation may be ordered immediately without a suspension or at any time during or after a suspension. Citations or notice of violation(s) may be issued for violations of this subchapter including the provisions of this section. When a citation or notice of violation is issued, it must be displayed on the door or doors used by parents bringing their children into the day care for at least 30 days after the issuance of the citation or notice of violation.

   (c)   A person aggrieved by the decision of the public health director may appeal under the provisions of §§ 30.040 through 30.046 of this Code.

(1992 Code, § 19-133) (Ord. 81-04, passed 8-9-2004; Ord. 91-08, passed 7-14-2008; Ord. 28-12, passed 4-9-2012)

§ 92.191 TIME FRAME AND CONDITIONS TO REAPPLY AFTER REVOCATION.

   If a provider’s registration has been revoked, the provider must wait at least one year to reapply to be a registered day care provider within the city. If a provider then reapplies to be registered, the provider must submit a plan to the public health director within 20 days of reapplication setting forth both the reason(s) for the revocation and the step(s) the provider has taken to resolve the issue(s) that led to the revocation. The provider also must submit, simultaneously with the reapplication, documentation and/or evidence that substantiates good cause for granting reregistration. The director has broad authority to require the submission of documentation and/or evidence, to require that the provider undergo additional training, and to require the provider to follow any other course of action or satisfy any reasonable conditions deemed by the director to improve the safety of children in the provider’s care. The director may deny the request for reregistration if it is determined that the provider has failed to establish good cause to grant the reapplication or that additional conditions and requirements placed on the provider will not adequately protect a child or children in the provider’s care.

(Ord. 28-12, passed 4-9-2012)

§ 92.192 EFFECTIVE DATE.

   The city council adopted Ordinance 91-08 on July 14, 2008, with an effective date of January 1, 2009.

(1992 Code, § 19-134) (Ord. 91-08, passed 7-14-2008)

TOBACCO-FREE POLICY

§ 92.210 DEFINITIONS.

   For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

   CITY PROPERTY. All property owned, leased, or operated by the city including, but not limited to, all city parks; city golf courses; city buildings; and any ticket, boarding, and waiting areas of any public transit depot.

   SMOKING. The carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment; the use of an ELECTRONIC SMOKING DEVICE; or the inhalation or exhalation of smoke from any lighted smoking equipment.

   TOBACCO PRODUCT. Any product made or derived from tobacco that is intended for human use, including any component part or accessory of a tobacco product. A TOBACCO PRODUCT includes, but is not limited to, cigarettes, cigars, pipes, electronic smoking devices, cigarette tobacco, roll- your-own tobacco, smokeless tobacco, and dissolvable tobacco.

   ELECTRONIC SMOKING DEVICE. Any device that can be used to deliver an aerosolized solution that may or may not contain nicotine to the

person inhaling from the devices, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, or other simulated smoking device. Nicotine products approved by the U.S. Food & Drug Administration for tobacco cessation shall be allowed.

   YOUTH ACTIVITIES. Activities in which the intended participants and/or the intended attendees are primarily under 18 years of age.

(Ord. 115-16, passed 12-6-2016; Ord. 43-17, passed 5-2-2017)

§ 92.211 PROHIBITED CONDUCT.

   (a)   The use of tobacco products and electronic smoking devices is hereby prohibited on any city-owned property when any youth activities take place.

   (b)   The use of tobacco products and electronic smoking devices is hereby prohibited in all vehicles owned, leased, or operated by the city.

   (c)   Smoking is hereby prohibited at permitted activities as referenced in § 95.018 unless the permittee designates a defined area(s) that will minimize public exposure to smoking. The Director of Parks and Recreation shall be provided notice of the designated smoking area prior to issuing a permit under § 95.018.

   (d)   Smoking is hereby prohibited on city property that is leased or managed by a third party unless otherwise provided in this subsection. Notwithstanding the first sentence of this subsection, the lessee or third-party manager of city property may designate smoking area(s) that shall minimize public exposure to smoking.

   (e)   Except for designated smoking area(s) authorized in subsection (d) above, smoking will not be allowed at the Denny Sanford PREMIER Center campus within the area defined by the public access roads that connect Bailey St. to Western Ave. and Russell St. to Western Ave.

   (f)   Smoking will not be allowed at city golf courses except during the course of play, after the first tee, and before the green of the final hole of any nine holes of play.

   (g)   Smoking is hereby prohibited at any ticket, boarding, and waiting areas of any public transit depot.

   (h)   Smoking is hereby prohibited within a distance of 25' from any entrance, passageway, operable window, or ventilation of any city-owned building, unless such person is immediately passing through such are, without stopping or standing, en route to another destination, or unless that person is smoking within a designated smoking area pursuant to subsection (d), above.

   (i)   Any city policy regulating smoking or the use of tobacco products by the public on city property must be approved by the city council, unless otherwise provided by law or by a joint powers agreement approved by the city council.

(Ord. 115-16, passed 12-6-2016; Ord. 43-17, passed 5-2-2017)