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HomeMy WebLinkAboutOrdinance No. 95-36 ,�� ^� . . ' - . • • ti � � � • . ORDINANCE NO. 95-36 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY DELETING THE DEFINITION OF "CHILD CARE CENTER" CONTAINED IN SECTION 20 THEREOF AND SUBSTITUTING THEREFOR A NEW DEFINITION FOR "CHILD CARE CENTER"; PROVIDING THAT A "CHILD CARE CENTER" INCLUDES USES AND FACILITIES WHICH COMPLY WITH STATE REGULATIONS APPLICABLE TO HOME CARE FACILITIES FOR CHILDREN UNDER THE AGE OF SIXTEEN (16) YEARS; PROVIDING EXCEPTIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by deleting from Section 20 of said Appendix C the definition of "Child Care Center, " set forth in said Section 20 as definition "G, " which provides as follows: [G. Child care center. Any place, home, or institution which cares for four or more children under the age of 16 years apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term "child care center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. ] and substituting therefor the following: G. Child care center. Any place, home or institution which complies with State rules, regulations, and mandates pertaining to Home Care Facilities in reaard to children under the aqe of sixteen (16) years, apart from their ,parents, quardian, or custodian for reqular periods of time for compensation; provided, however, that the term "child care center" shall not include or applv to bona fide schools, custody fixed by a court, children related by blood or marriage within the third dectree of the custodial person or churches and other religious or public institutions caring for children within an institutional buildinct. F W D�Z-C H I LD C AR E.O RD\1206 86 . �_. � ,�� �� ' �• . � , , Section 2. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2000. Each day of violation shall constitute a separate offense. Section 3. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 18th day of December , 1995. PASSED, APPROVED, AND ADOPTED on second and f inal reading this 8th day of January , 1995. Evely B. N an Mayor ATTEST: D loris McKenzie, C City Secretary FWD�Z-CHILDCARE.ORD\7 20696 �2�