Ord 2023-026/adopting Youth Programs Standards of Care for 2023

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ORDINANCE NO. 2023-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS ADOPTING YOUTH PROGRAMS STANDARDS OF CARE FOR 2023;PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City's Parks and Recreation Department has determined that certain minimum standards of care are necessary to health, safety, and welfare of individuals participating in youth recreation programs. 2. The State of Texas Human Resources Code Chapter 42 exempts certain after- school and summer recreation programs from state licensing requirements as identified in Subsection 42.041(14) stating "an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs,that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios,minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility." 3. The City Council of the City of San Marcos has determined that Youth Programs Standards of Care will be beneficial to the City of San Marcos and should be adopted as recommended by Staff. 4. The City Council of the City of San Marcos,Texas has the authority under its Home Rule Charter and under the laws of the State of Texas to adopt regulations aimed to protect the health, safety, and general welfare of its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1.The following standards of care are hereby adopted: CITY OF SAN MARCOS YOUTH PROGRAMS STANDARDS OF CARE I. PURPOSE To provide basic childcare regulations for recreation activities operated by the San Marcos Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code.