§ 26-72. Enforcement; classification of violations.

(a)

Class I violation. A violation that is most serious in nature that has resulted or may result in death or serious harm to the health, safety and well-being of a child and includes overt abuse and negligence related to the operation and maintenance of a child care facility, family day care home, or large family child care home. A class I violation may be penalized by a fine of not less than $100.00 nor more than $500.00 per day, for each violation. A fine shall be imposed for a validated class I violation. The amount of the fine will be based on the nature and severity of the violation, the repetition of the violation, and the actions of the licensee to correct the violation.

(b)

Class II violation. A violation that is serious in nature, but does not pose an immediate thereat to the health, safety and well-being of a child, but could reasonably be expected to cause harm within 90 days and include those conditions or occurrences related to the operation and maintenance of a child care facility, family day care home, or large family child care home, other than class I violations. Class I violations shall be penalized by a fine not less than $50.00 nor more then $100.00 per day for each violation. The fine will be levied for every day that the violation exists, if not corrected within the time frame specified by the local child care licensing authority, or for repeated occurrences of the violation. The amount of the fine will be based on the nature and severity of the violation, repetition of the violation, and actions of the licensee to correct the violation.

(c)

Class III violation. A violation of less serious violation and includes those violations related to the operation and maintenance of the facility, other than class I or class II violations. A class III violation shall be penalized by a fine not less than $50.00 and not more than $100.00 per day, for each violation. A repeat violation shall be cited for each day that the corrective action(s) specified by the local child care licensing agency is not completed. The amount of the fine will be based on the nature of the violation, repetitive nature of the violation and the actions of the licensee to correct the violation.

(d)

Classification of violations for the purpose of imposing fines is an additional and supplemental means of enforcement. Nothing herein shall act a limitation on the authority of the local child care licensing agency to suspend or revoke a license, pursue injunctive relief or any other relief available at law.

(Ord. No. 06-28, §§ 2, 5, 5-9-06)