By Aberdeen Insider - October 9, 2025 in CITY OF AERDEEN
ORDINANCE NO. 25-09-02
AN ORDINANCE AMENDING ARTICLE IV – HOME DAY CARE
IN CHAPTER 14 – BUSINESSES AND BUSINESS REGULATIONS
OF THE ABERDEEN CITY CODE REGARDING LICENSING
WHEREAS, the City Council of the City of Aberdeen is charged with providing for the health, safety, and property of the city’s residents; and
WHEREAS, the City Council has determined that the following ordinance will benefit the health, safety, and property of the city’s residents.
BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:
- Article IV – HOME DAY CARE, of CHAPTER 14 – BUSINESSES AND BUSINESS REGULATIONS, is hereby amended with underline indicating text to be added and strikethrough indicating text to be deleted and the remainder to be left unaffected:
Sec. 14-107. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building code means the currently-adopted version of the construction standard and technical codes as adopted in chapter 12.
Employee means a person who provides child care services for compensation in a home day care business, but who is not the proprietor of such business, for at least 20 hours per week.
Family day care means a home day care with no more than six children (including the provider’s own children who are under the age of six years) being cared for at any one time and which is insured only by a homeowner insurance policy covering in-home child care. The number of children being cared for at any one time may not exceed the limitation on the number of children endorsed in the homeowner insurance.
Fire code means the currently-adopted version of the International Fire Code as adopted in article III of chapter 24.
Helper means a person who provides child care services in a home day care or family day care business, but who is not the proprietor of such business. A helper may be a licensed helper, an employee, or a person who provides child care for no compensation.
Home day care means the provision for compensation, whether paid directly or indirectly, of regular care and supervision of children who are not related to the care provider for part of a 24-hour period as a supplement to regular parental care at a location approved by the city and which is the residence of the care provider. Including the provider’s own children who are under the age of six, no more than twelve children may be cared for at any one time. A home day care includes a family day care.
Licensed helper means a licensed adult designated by a licensed home day care operator to operate the home day care while the licensed operator is temporarily absent from the home day care.
Playground area means an area in the yard of the premises where a home day care is operating which is outside of any structure and where children are regularly taken for outdoor play and recreation.
Special exception means an approved application for a day care special exception in the zoning use district in accordance with chapter 60.
Sec. 14-108. Supervision.
The home day care shall at all times supervise children by hearing or seeing children and be close enough to intervene.
Sec. 14-109. Consent to medication administration.
No home day care may administer medication to a child without the consent of the child’s parent or guardian. For purposes of this section, medication means any prescription or over-the-counter substance intended to relieve pain or treat an illness or disease, any dietary, herbal, nutritional, or hormone supplement, and any cannabis product.
Sec. 14-110. Additional children after school; family emergency.
Unless the insurance for the home day care otherwise limits or excludes additional children, a home day care may care for two additional children if the children attend all-day kindergarten or a higher grade, have a non-school age sibling at the home day care, and;
(1) receive services only before or after school hours, but which does not exceed four hours daily per child; or
(2) are at the home day care because of family emergency or special circumstance. A school’s summer break shall not be deemed a special circumstance.
Sec. 14-111. Violation.
It is unlawful for any person to provide, or permit the provision of, home day care in violation of this article. Except for a permitted temporary operation as set forth in this article, each day of unlawful operation shall constitute a separate offense.
Sec. 14-112. Order of closure or temporary operation.
In addition to the penalties for a violation of this article, a city employee charged with assuring compliance with the requirements of this article, including any code enforcement officer, building official, fire inspector, police officer, community service officer, or appointed city official is authorized to issue the following:
(1) Closure. A verbal or written order to immediately cease operation and close the home day care. If practicable, efforts should be made by the city to promptly notify a parent or guardian of each child of the closing of the home day care.
(2) Temporary operation. A written notice and order of temporary operation of the home day care for a period not to exceed 60 days upon the following conditions and restrictions:
a. Immediately provide to the city the master list required at section 14-143 and add no new children until the license is obtained.
b. File within the time specified the applications to obtain a home day care license and for a special exception and comply with the requirements set forth at sections 14-129 and 14-135.
c. Permit immediate inspection of the premises by the building official and fire marshal.
d. Comply within the time specified with all other requirements of this article, including limitations on children, age of children, adult to child ratios, supervision, medication administration, insurance, and CPR and first aid certifications.
If the child care provider fails to comply with any of the above conditions within the time specified, an authorized city official may order immediate closure of the home day care.
Secs. 14-113—14-127. Reserved.
Sec. 14-128. License required.
(a) License required. Any person who wishes to operate a home day care, including a family day care, within the corporate limits of the city or to act as a licensed helper shall first be licensed pursuant to this article and pay all applicable fees. No home day care shall be operated without a home day care license or at a location, or space therein, not approved by the city.
(b) Issuance. The finance officer is authorized to issue the license required by this section or to transfer a license to a new location upon a determination that the applicant is of good moral character as set forth in this chapter and upon application satisfying the requirements of this article.
(c) Appeal. Appeal by the applicant from the decision of the finance officer to deny the license or location transfer or to approve the license with conditions may be made to the city council upon request filed with the finance officer within 20 days of such decision.
(d) Fee. The fee for a license or to transfer a license to a new location shall be as provided in the city fee schedule on file in the office of the finance officer.
(e) Display. The home day care operator license or any order permitting temporary operation shall be plainly displayed on the premises. A license or temporary order issued under this article must be presented upon demand to any law enforcement officer, code official, or parent or guardian of a child attending the home day care.
Sec. 14-129. Application.
Any person desiring to operate a home day care as provided in this article or to act as a licensed helper shall file with the finance officer a fully completed license application on forms provided by the city. The application to operate a home day care shall be signed by each adult operating the day care or residing in the premises in which the day care business is being conducted. The application shall contain, at a minimum, the following information:
(1) If applicable, a copy of the application for, or approval of, a special exception at the requested location as required by section 14-135 of this article;
(2) The expected number and age range of the children being cared for; and
(3) A consent form for performing a criminal background investigation and verification of central registry status as required by section 14-131 of this article along with the accompanying fee for each consent form as provided in the city fee schedule on file in the office of the finance officer for fingerprinting.
Sec. 14-130. License period; renewal; transfer to a different location.
(a) License period. A license to engage in the business of home day care operation at an approved location or to act as a licensed helper shall be valid for not less than two years and not more than three years from the date of issuance and may be renewed for two-year periods thereafter.
(b) Renewal. A license shall automatically renew if a complete application for renewal is submitted to the finance officer not more than 90 days and not less than 60 days before the expiration of the current license and city officials, through no delay caused by the applicant, fail to complete their inspections within 45 days from the date the application for renewal was submitted.
(c) Location transfer. Any application to transfer a day care license to a location not approved by the city shall comply with section 14-135.
Sec. 14-131. Background investigation of any adult or employee; prohibited individual.
(a) All applicants for a license under this article, all adult residents of the household in which the home day care business is operated, and all helpers or employees of the home day care shall submit to a nationwide background investigation to obtain information concerning convictions for criminal offenses or substantiated reports of child abuse or neglect by an individual that provides care for or has unsupervised access to a child in care. No person as described in this subsection who refuses to submit to a nationwide background investigation shall reside at the premises in which the home day care business is being operated nor shall such person be a helper at the home day care. This subsection shall not apply to any person under the age of 18 years.
(b) An individual is prohibited from being a licensee or residing at the premises in which a home day care business is being operated or being a helper at a home day care if such individual perpetrated any of the following:
(1) A crime that would indicate harmful behavior towards children;
(2) A crime of violence as defined by SDCL 22-1-2 or a similar statute or law of another jurisdiction;
(3) A sex crime pursuant to SDCL chapters 22-22 or 22-24A or SDCL 22-22A-3 or similar statutes or laws of another jurisdiction;
(4) A felony conviction for domestic abuse, physical assault, or battery;
(5) Within the preceding five years, a conviction for any other felony; or
(6) A substantiated report of child abuse or neglect.
(c) A license under this article may not be issued or may be revoked if any person who resides at the premises in which the home day care business is being operated or helps at the home day care is a prohibited individual as described in subsection (b) of this section. Nothing herein shall limit the discretion of the city to deny issuance of a home day care license based on the person’s criminal history.
(d) It shall be unlawful for a licensee to fail to notify the finance officer within five business days from the date any individual described in subsections (a) or (b) of this section and who was not previously disclosed by the licensee to the finance officer begins residing at the premises in which the home day care business is being operated or helps at the home day care.
(e) It shall be unlawful for a licensee to permit any individual described in subsection (a) of this section who refuses to submit to a nationwide background investigation, or any prohibited individual as described in subsection (b) of this section to reside at the premises in which the home day care business is being operated or to be a helper at the home day care.
Sec. 14-132. Central registry for child abuse and neglect/sex offender registry.
No person whose name is currently, or at any time in the past has been, on the state central registry for abuse and neglect, the state sex offender registry, or any similar registry or list maintained by any other state, shall reside in the premises in which the home day care business is being conducted nor shall such person be a helper at the home day care.
Sec. 14-133. Age requirements.
No person under 18 years of age may be licensed under this article. No person between 14 years of age and 17 years of age shall be a helper unless a licensed operator or licensed helper is actually present in the home day care facility.
Sec. 14-134. CPR required.
Any person licensed under this article must maintain a current infant/child cardiopulmonary resuscitation (CPR) certification and first aid training from the American Red Cross, American Heart Association, or suitable equivalent. A certification that is not renewed by the recommended date is not current for purposes of this section.
Sec. 14-135. Special exception required.
Any home day care operating in any zoning district shall obtain a special exception to the applicable zoning ordinance prior to obtaining a license to operate at that location.
Sec. 14-136. Inspections.
(a) Any home day care shall be inspected, as necessary, by the building official and fire marshal prior to the issuance of a license. The finance officer shall refund the applicant’s home day care license fee if such city officials, through no delay caused by the applicant, fail to complete such inspections within 45 days from the date the application was submitted to the city, however the city shall continue to process the application if not automatically renewed.
(b) Any home day care licensed under this article shall be open to announced or unannounced inspections by city officials, including code enforcement officers and police officers, at any time during normal business hours and during all hours of operation of the home day care.
Sec. 14-137. Fencing or other barrier.
Playground areas shall be enclosed by a fence, hedge, trellis, or other barrier not less than 42 inches high to protect the area from traffic, animals, or other hazards. Preexisting fences, trellises or barriers which are less than 42 inches high may be acceptable if, in the opinion of the building official, such height affords sufficient protection. Openings in a fence, trellis, or other manmade barrier shall not allow passage of a four-inch diameter sphere.
Sec. 14-138. Building code requirements applicable.
Nothing in this article shall be construed to exempt any structure from any otherwise applicable portion of the relevant building code or fire code. In any case where the building code requirements are in conflict with the requirements of this article, the more stringent requirement shall apply. Where a portion of the structure will not be used by or impact the home day care, the building official or fire marshal may determine the extent of conformance with adopted codes to such portion.
Sec. 14-139. Child to adult ratio.
A home day care that is a state-registered family day care may maintain the child to adult ratios permitted with such registration. If the home day care is not a state-registered family day care:
(1) No more than four of the children in the home day care may be under the age of two years, and no more than two of these four children may be under the age of one unless there is another adult helper; and
(2) If a provider cares for children under two years of age, the provider must maintain a child to adult ratio of one adult helper to four children for children under the age of two.
Sec. 14-140. State-registered family day care.
Any home day care which falls within the scope of this article but which is registered with the state as a family day care pursuant to SDCL ch. 26-6 and SDAR Ch. 67:42:17 shall be required to obtain a license pursuant to this article. Only sections 14-131, 14-135, and 14-138 shall apply to an application for a license under this article for a state-registered family day care and no home day care license fee shall be charged for such license. Compliance with section 14-131 may be satisfied by recent proof of clearance from a state child protection or child care agency for any person described in section 14-131(a).
Sec. 14-141. Insurance.
(a) Proof required. No license to operate a home day care shall be issued, and no home day care or licensed helper shall provide child care services, without proof of insurance furnished to the city at time of application and upon demand by the city showing such insurance to be in full force and effect.
(b) Covered children limitation. The number of children being cared for by the provider at any one time may not exceed the limitation on the number of children covered by the insurance.
(c) Homeowner insurance for family day care. A family day care may utilize homeowner insurance upon declaration by the insurer that the policy provides coverage for the provider’s in-home child care business activity and describing any endorsement limiting the number of children.
(d) Helper coverage required. Except for a licensed helper covered by another policy of insurance that meets the requirements of this section, no provider shall permit any person to be a helper who is not covered by the provider’s insurance.
(e) Minimum requirements. The insurance required by this section shall be in the minimum amount of $300,000.00 for bodily injury and death arising out of any one occurrence or any other cause. The insurance shall protect against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person resulting directly or indirectly from any act or activity of the home day care or any person acting for the home day care or under the licensee’s control or direction.
Sec. 14-142. Reporting of incidents or changes in circumstances.
(a) A licensee shall report any change in circumstance that could affect the licensee’s ability to provide adequate care, changes the environment provided in the day care, or is of a substantive nature requiring parents to be notified. A change in circumstance includes, but is not limited to, a change in helper; an increase in household size; a change in household composition; a change in a licensee’s name; changes in opening, closing, or reopening of a day care; a change in the condition of the home; or involvement with any state child protection services agency or law enforcement agency concerning allegations of child abuse, neglect, or violent crimes.
(b) Any report of a change in circumstances must be made to the health officer and to day care parents within 24 hours after the change in circumstances occurs. The licensee must notify the health officer and all day care parents within 24 hours after the occurrence of an unusual incident such as a fire, serious injury to a child, serious illness that results in the hospitalization of a child, or the death of a child while in care. The licensee shall also notify parents of notice of violations or citations issued to the licensee or any helper in the home day care.
(c) An increase in household size or change in composition includes a person being present on the premises on a regular basis.
Sec. 14-143. Master list; confidential.
Licensees shall maintain a current and accurate master list of all children enrolled in the home day care, birth dates of all children, and parent contact information, including home and work addresses and all telephone numbers. The master list shall be provided by the home day care provider upon the request of a law enforcement officer, health officer, finance officer, or code enforcement officer at any time of day or night. The master list is a confidential record and shall not be made public except by court order or other applicable law.
Sec. 14-144. Hardship waiver of certain license requirements.
For a license previously granted under this article, the finance officer or building official may waive for a period not to exceed 60 days the provisions of sections 14-130(c), 14-134, and 14-139 to avoid imposition of an undue hardship upon a person other than the licensee. Economic damages shall not be considered an undue hardship. Not more than one waiver or temporary license may be granted to the licensee during each calendar year.
- Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
- Effective Date. The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein and footnotes omitted. This ordinance shall become effective twenty (20) days after the completed publication, unless the referendum is invoked.
/s/Travis Schaunaman, Mayor
ATTEST:
/s/Jordan McQuillen, Finance Officer
Passed First Reading: September 22, 2025
Passed Second Reading: October 6, 2025
Final Adoption: October 6, 2025
Published: October 9, 2025
Effective Date: October 29, 2025
Published once on October 9, 2025, at the total approximate cost of $238.14 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com