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HomeMy WebLinkAboutOrdinance 3738 ORDINANCE NO. 3738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 18, ARTICLE II, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES CONFORMING CITY REGULATIONS TO STATE STATUTES AND ADMINISTRATIVE REGULATIONS FOR CHILD CARE AND BEFORE AND AFTER SCHOOL PROGRAM FACILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City adopted the "Minimum Standards for Day Care Centers" and "Minimum Standards for School-Age and Before or After School Programs" published in Title 40, Chapters 744 and 746 of the Texas Administrative Code in Ordinance No. 3153 in 2011; and WHEREAS, City staff has recommended the adoption of amendments to the City's child care regulations to conform to changes in State statutes and administrative regulations; and WHEREAS, the City Council finds that the regulations adopted herein are necessary to protect the health and safety of children in the custody of certain providers within the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Section 18-32 of Article II of Chapter 18 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 18-32—Texas Health and Human Services Commission minimum standards adopted. There is hereby adopted the "Minimum Standards for School—Age and Before or After—School Programs" and "Minimum Standards for Child-Care Centers" published in Title 26, Chapters 744 and 746 of the Texas Administrative Code, a copy of which shall be kept on file in the office of the city secretary. The provisions of the such minimum standards shall apply as though such regulations were copied at length herein, except where specific other provisions are expressed within this article or where the provisions contained herein require higher or greater standards of care. Section 2: That subparagraph (a) (2) of Section 18-33 of Article II of Chapter 18 of the North Richland Hills Code of Ordinances be amended to read as follows: 18-33 — Definitions. Ordinance No.3738 Page 1 of 3 (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section unless otherwise expressly stated or where the context clearly indicates a different meaning: (2) "Child-care facility"means a facility licensed, certified, or registered by the Texas Health and Human Services Commission to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. Section 3: That subparagraph (d) (4) of Section 18-34 of Article II of Chapter 18 of the North Richland Hills Code of Ordinances be amended to read as follows: (d) Plan review: (4) The child care or before and after-school facility shall meet the Texas Department of State Health Services Texas Food Establishment Rules if food is prepared and served at the center. Facilities serving only Non- time/temperature control for safety (NTCS)food as defined by Chapter 18, Article IV, Division 6, Section 18-279 of the North Richland Hills Code of Ordinances, or otherwise approved snacks are exempt from the requirements of this article. Section 4: That subparagraph (h) (1) of Section 18-39 of Article II of Chapter 18 of the North Richland Hills Code of Ordinances be amended to read as follows: (h) Use of facility and supervision: (1) During the regular hours of operation of a child care or before and after- school facility, there shall not be more children at the facility than the state license allows or children of ages not approved by the Texas Health and Human Services Commission. Section 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No.3738 Page 2 of 3 Section 7: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 8: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 9: This ordinance shall be in full force and effect upon publication as required by Section 8 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 18th day of May, 2022. CITY OF NORTH RICHLAND HILLS By: ►Ut►Il mill�U/i��� v"`' Ock � ,, Oscar Trevino, or ��. '.... . •.® ATTEST: I ..•• n `' 1....e_a_Arvi..... b.....4. . :...- !... g IL. 01.01 Alicia Richardson"'--., City Secretary/Chief Wagiaa °Officer APPROVED TO FORM AND LEGALITY: Ma eshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: tefan' Martinez Director of Neighborhood Services Ordinance No.3738 Page 3 of 3 Beaufort Gazette The Herald-Rock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Democrat Herald Sun-News-DemocratDurham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News&Obsenoer The Telegraph-Macon - { t Bradenton Herald Island Packet The Olymplan San Luis Obispo Tribune I®^ k .LJ--\,fC.H' Centre Daily Times Kansas City Star Sacramento Bee Tri-City Herald Charlotte Observer Lexington Herald-Leader Fort Wcrtti Star-Telecram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION • Account# Order Number Identification Order PO Amount Cols Depth 19363 266758 Print Legal Ad-IPL0074329 Ordinance 3738 $124.28 1 70 L - Attention: ROBERT MYERS THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT , PO BOX 820609 ., fTYOFNOR'f(M;R[CHLaND NORTH RICHLAND HILLS,TX 761820609 i ' ` 4'` Before me,a Notary Public in and for said County €8Ac ° oE � .; and State,this day personally appeared Amanda f Ail oRDIN�nfCE of THE CITY coufv=. C)L IF5THE5CfrY OFiNORnft,ilic44ii Grisham,Bid and Legal Coordinator for the Star- LAND HILLS 411EW6 AMENDING x CHAPTER f 1a zAI:Tr CLE ll ',OF E2 Telegram,published by the Star-Telegram,Inc.at NQRTH RICHLAND HILLS CODEOF Fort Worth,in Tarrant County,Texas;and who, CITY OF NORTH RICHLAND t93P. ANCES CONFORMING GRY f —-HILLS- - - t i.EGUTATIONS TO STATE STTATthts after being duly sworn,did depose and say that ORDINANCE NO.3738 a ANR CHILD CARETNEREGUf OKS the attached clipping of an advertisement was AN L ORDINANCE OF CnYO of E CRY COUN- l R?.SHILD CARE Ma:,BFFORE ANDS pp g LAND HILLS, TEXAS, AMENDING AR sCHOOL PROGRAM i AGILiy published in the above named paper on the listed TIES PROVIDING.THATiTHIS ORDI--CHAPTER 18, ARTICLE II, OF THE '" dates: NORTH NANGE SHALL BEtCUMULATIVE'OF j ORDINANCES CCONFORMINGD CRY -aORDINANCES,AND rJ1EPEALING`i REGULATIONS TO STATE STATUTES 3,CONFLICTINCa PROVISIONS' PRO- AND ADMINISTRATIVE REGULATIONS t VIDINO tAk SEVERABILITY CLAUSE -9 FOR CHILD CARE AND BEFORE AND PROVIDING:A-SAVINGS CLAUSE 1 No.of Insertions: 2 AFTER SCHOOL PROGRAM FACILI- PROVIDINGGIFOR PUBL'1CATION AND., TIES; PROVIDING THAT THIS ORDI- ESTABL ANISHING EFF tlivtE DATE d 1 , Beginning Issue of: 05/26/2022 NANCE SHALL BE CUMULATIVE OF 4Any person fine or corporati no Whoa 1A g g LLORDINANCESSRO- CONFLICTING PROVI8IONEAR ING .,woiates any provision 6f t iisOartiC(0 . Csgtiity of a mtsdemeariortagcfttlpon,i Ending Issue of: 05/27/2022 VIDING A SA SAVINITYGS CLAUSE; ozOrfngtion-,IS punishable` y alfne.as'= PROVIDING A SAVINGS CLAUSE; pro`vldei irfiheCodeofOrdinancesofr PROVIDING FOR PUBLICATION;AND the Cdy 3fdNorth Rtchiand Hills or aray ESTABLISHING AN EFFECTIVE DATE. ami n Iment the Any person,firm,or borporation who ref0$or'renumbenng i violates any provision of this article theteef1or violations cf;pubitc health' is guilty of a misdemeanor and upon for each act of vroiatron and fer eachi: conviction is punishable by a fine as day of1riolatioh " t� t . :;¢p provided in the Code of Ordinances of Any person Hirt or corporation who, the City of North Richland Hills,or any obstructs)mpedes pr interferes with,l amendment thereto or renumbering a.t representative of they t J thereof,for violations of public health ,representative of$�aq city,department for each act of violation and for each for With surveil) c or vide or u s day of violation. dt0 rec60..t *,i Qi N a ;g e iuipmerlt�utiiizd by t Any person,firm,or corporation who S the regulatory authority I gutfly*of a'' obstructs,impedes,or interferes with a representative of the city, with a misdemeanor and ugpn conviction is punish`ab e b,,a fine as rovided fir/ t representative of a city department, I �, y p or with surveillance or video or au- s theryCode ofOrdinances of the Ciy of 9 3 ' . dio recording equipment utilized by Norttt, Richland Hills or any amend , • the regulatory authority is guilty of a mefit.=thereto or rerlumbenng thereof t misdemeanor and upon conviction is , for woiatronseof pubiic'health foreach t punishable by a fine as provided in t act of v olaation artctVfor each day of C Sworn to and subscribed before me this 27th day of the Code of Ordinances of the City of f vioiation i' s -,; North Richland Hills,or any amend- i"r In add on to n g de May in the year of Z022 nl Proceeding under of ment thereto or renumbering thereof, t. thorny of*bsoftil (aj`*- 6 of • act violationsof vio of on public and health r each day of 'thr3 9ectiott the city is entiitled to pure 11',sue all criminal and civilrtemedies to violation. , aI i0lVit is entitledjunder authorityiof thorityIn iof subtion tosectio di(a)ng and e(b)r au- of t'statttes�or other ordinances'against„ this section,the city is entitled to pur- sue ' a Per§ett tiirt i or corpoietion that re sue all criminal and civil remedies to arrieiris to00,44,r1o0,b1, dieie - which it is entitled under authority of PAestp., P Al OVED on this 9tfi' a���ai�.[/f/ statutes or other ordinances against daakiai: 022 2 2 Zvi* 35,&64,ifi a person,firm,or corporation that re- CRYQFNORTF) CHLDHfI.LS mains in violation of this article. ,By 1st Oscar T evigo '""a ,„, a ,.) PASSED AND APPROVED on this 9th Oscar`Trevno Mayortt-ribs„ day of May,2022. Al IF_ST ,,4 3� kp of Notary Public in and for the state of Texas,residing in CITY OF NORTH RICHLAND HILLS 4s/Alicia Richardson s . K #tad By:/s/Oscar Trevino Alicia{Richardson `x r s Dallas County OTcOscarTrevino,Mayor Clfy Secretary/Cfiief Governance or"' T "` /s/AliciaRichardsbn hcer,�.OVED AS F yr f i A�I'R' TO FORM'ANDf tF i Alicia Richardson /sf Mal 1 #r !�a• i My el 131168951 I City Secretary/Chief Governance Of- '/s(MaleshiaB McGinnis < ( c�Oat*APPROVED AS TO FORM AND LE- Mafest ra B Mt Ginnrs;City Attorney ) f +jr '�'�M Od t 72 I GALiTY: "IPL00743t$1 3 ) /s/Maleshia B.McGinnis MaYY.2&-2720?2 11Z . t + '. Maleshia B.McGinnis,City Attorney -.- '.�.' _„_ t , �4 * IPLoo�as2s - Fxtra charge for lost or duplicate affidavits. ' May 26-27 2022 • Legal document please do not destroy!