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0684 ORDINANCE NO. 684 AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR THE RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OPERATED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 42.041 of the Texas Human Resources Code (1997) provides that an elementary-age recreation program operated by a municipality is not required to obtain a license from the state provided that the governing body of the municipality annually adopts standards of care for such programs by ordinance after a public hearing; and WHEREAS, the City Council has conducted a public hearing and desire to adopt the standards set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Standards of Care attached hereto as Exhibit "A" and incorporated by reference herein are hereby adopted for recreation programs for elementary-age children. SECTION 2. 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 phase, 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 Page 1 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. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 18 DAY OF November-------, 1997. MAYOR ```~~~~Ili1 ~urrrrir ~~NX SQ UaT & j/ Nre - ' , , rf 'xf. 0 ATT ST: * * ....CITY SECRETARY //11111111% Page 2 PASSED AND APPROVED ON SECOND READING ON THIS 2nd DAY OF December , 1997. MAYOR % 1 AT EST: 0 X= p CITY SECRETARY nnm►►►a0 Page 3 EXHIBIT A 1. Definitions A. City: City of Southlake B. City Council: City Council of the City of Southlake C. Department: Parks and Recreation Department of the City of Southlake D. Youth Program(s): City of Southlake's Youth Programs consisting of the After School Program, Summer Day Camp Program and other non-school day camp programs which last one week (5 days) or longer. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Southlake's Youth Programs. F. Director: City of Southlake's Parks and Recreation Department Director or his or her designee. G. Recreation Supervisor: City of Southlake's Parks and Recreation Supervisor or his or her designee. H. Recreation Specialist: City of Southlake's Parks and Recreation Department part- time recreation specialist who has been assigned responsibility to implement the City's Youth Programs. 1. Recreation Leader: City of Southlake's Parks and Recreation Department part- time employee who has been assigned responsibility to implement the City's Youth Programs. J. Recreation Aide: City of Southlake's Parks and Recreation Department part-time employee who has been assigned responsibility to implement the City's Youth Programs. K. Program Site: Areas and facilities where the City of Southlake's Youth Programs are held consisting of Durham Elementary, Carroll Middle School, Community Center, The Lodge and other city or school facilities within the City of Southlake. L. Participant: A youth whose parent(s) have completed all required registration procedures and is determined to be eligible for the Youth Program. Standards of Care Ordinance Exhibit A Page 1 of 11 M. Parent(s): This term will be used to represent one or both Parent(s) or adults who have legal custody and authority to enroll their child(ren) in City of Southlake's Youth Programs. N. Program Staff: Term used to describe the person or persons who have been hired or have volunteered to work for the City of Southlake and have been assigned responsibility for managing, administering, or implementation of some or all portions of the Southlake Youth Programs. This definition includes recreation specialist, recreation leader, recreation aide and volunteer. 2. Inspections/Monitoring/Enforcement: A. A quarterly inspection report will be initiated by the Recreation Specialist of each program to confirm compliance with the Standards of Care. (1) Inspection reports will be sent to the Director for review and will be kept on record for at least two (2) years. (2) The Recreation Supervisor will review the inspection report and establish deadlines and criteria for compliance with the Standards of Care. B. The Recreation Supervisor will make visual inspections of the program based on the following schedule: (1) Each After School Program site will be inspected quarterly. This may be scheduled or unscheduled. (2) The Summer Day Camp Youth Program will be inspected three times during the summer schedule. (3) The other non-school day Youth Programs will be inspected once during the course of the program. C. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Specialist. The Recreation Specialist will be responsible to take necessary steps to resolve problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Recreation Specialist. Complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Supervisor and the complaint and resolution will be noted. D. The Director will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care utilizing the City Complaint Tracking System. Standards of Care Ordinance Exhibit A Page 2 of 11 3. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone numbers during program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; (7) a liability waiver; (8) two emergency contacts B. In the event the enrollment of a child will require nursing care or other individualized care, the city shall determine whether these needs can be reasonably accommodated. If the City determines that it cannot reasonably accommodate the child's needs in the program, it shall communicate the determination to the parents. 4. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. Staffing - Responsibilities and Training 5. Youth Program Recreation Specialist Qualifications A. Recreation Specialists will be part-time temporary employees of the City of Southlake's Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of this document. B. Recreation Specialists must have a associates degree from an accredited college or university or two (2) years of related experience in a supervisory capacity. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Any other comparable degree plan that would lend itself to working in a public recreation environment. Standards of Care Ordinance Exhibit A Page 3 of 11 C. Recreation Specialists must have two (2) years experience planning and implementing recreational activities. D. Recreation Specialists must pass a criminal (Appendix I) and background investigation, as well as drug screens, as required by City personnel policies. E. Recreation Specialists must have successfully completed a course and hold a current card in first aid and Basic Cardiac Life Support (CPR) based on either American Heart Association or American Red Cross standards. F. Recreation Specialists must be able to furnish proof of a clear tuberculosis test within twelve (12) months prior to their employment date. 6. Recreation Specialist Responsibilities A. Recreation Specialists are responsible for administering the program's daily operations in compliance with the adopted Standards of Care. B. Recreation Specialists are responsible for training, supervising, and evaluating Recreation Leaders. C. Recreation Specialists are responsible for planning, implementing, and evaluating programs. 7. Recreation Leader (Youth Program) Qualifications A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be 17 or older; however, each site will have at least one (1) employee 18 years or older at all times. C. Leaders should be able to consistently exhibit competence, good judgment, and self-control when working with children. D. Leaders must relate to children with courtesy, respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR within four (4) weeks of beginning work based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one (1) staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. Standards of Care Ordinance Exhibit A Page 4 of 11 F. Each leader applicant must be able to furnish proof of a clear tuberculosis test within the twelve (12) months prior to their employment date. G. Leaders must pass a criminal and background investigation, as well as drug screens, as required by City personnel policies. 8. Leader Responsibilities A. Leaders will be responsible to know and follow all City, Department, and Program standards, policies, and procedures that apply to the City of Southlake's Youth Programs. B. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All program sites will have a copy of the Department- approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 9. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. The Recreation Specialists will provide each Leader and volunteer with a Program Manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for the Youth Recreation Program operation as adopted by the City Council. C. Program employees must be familiar with the program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas relating to City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgment that they have received the required orientation training. Standards of Care Ordinance Exhibit A Page 5 of 11 Operations 10. Staff-Participant Ratio A. In a City of Southlake Youth Program, the standard maximum ratio of participants to Leaders will be 20 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. 11. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of the program participants. B. There will be no cruel or harsh punishment or treatment. C. Program employees will use brief, supervised separation from the group if necessary. D. As necessary, program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign the discipline reports to indicate they have been advised about specific problems or incidents. E. As detailed in the Program Manual, a certain number and/or severe nature of discipline reports may result in the participant being suspended from the program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the program as soon as possible. 12. Programming A. Program employees and volunteers will attempt to provide cultural, educational and recreational programs for each group according to the participants' ages, interests, and abilities. B. Program employees will attempt to provide indoor and outdoor time periods to include: (1) alternating active and passive activities; (2) opportunity for individual and group activities, and (3) outdoor time each day if weather permits. C. Program employees and volunteers will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program: Standards of Care Ordinance Exhibit A Page 6 of 11 (1) During trips, program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 13. Communication A. Each program site will have a pager to allow the site to be contacted by Parks and Recreation personnel, and each site will have access to a telephone for use in contacting the Parks and Recreation Department or making emergency calls. B. The Recreation Specialist will post the following telephone numbers adjacent to a telephone accessible to all program employees at each site: (1) City of Southlake ambulance or emergency medical services. (2) City of Southlake Police Department. (3) City of Southlake Fire Department. (4) Bicentennial Park Community Center. (5) Numbers at which parents can be reached. (6) The telephone number for the site itself. 14. Transportation A. Before a participant may be transported to and from city-sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Recreation Specialist. B. First aid supplies and a first aid and emergency care guide will be available in all program vehicles that transport children. C. All program vehicles used for transporting participants must have available a 6- BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. Facility Standards 15. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily Standards of Care Ordinance Exhibit A Page 7 of 11 inspection report will be completed by the program employees and kept on file by the Recreation Specialist. B. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach. F. Program employees must have first aid supplies readily available to staff in a designated location. 16. Fire A. In case of fire, danger of fire, explosion, or other emergency, program employees' first priority is to evacuate the participants to a designated safe area. B. The program sites will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Recreation Supervisor who will review and establish deadlines and criteria for compliance. Coordination with CISD will be done if related to a CISD facility. Information from this report will be included in the Director's annual report to council. C. Each program site must have at least one (1) fire extinguisher approved by the Fire Marshall readily available to all program employees. The fire extinguisher is to be inspected monthly by the Recreation Supervisor who will keep the report on file for a minimum of two (2) years. All program employees will be trained in the proper use of fire extinguishers. D. Fire drills will be initiated at program sites based on the following schedule: (1) A fire drill will be conducted every three (3) months (Program employees will confer with school staff to ensure that city and school procedures do not conflict). Standards of Care Ordinance Exhibit A Page 8 of 11 17. Health A. Illness or Injury: (1) A participant who is considered to be a health or safety concern to other participants will not be admitted to the program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program Manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only i£ (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the city. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of program employees. No injections will be administered by the program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to store medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities: (1) The Program site will have inside toilets located and equipped so children can use them independently and program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. Standards of Care Ordinance Exhibit A Page 9 of 11 D. Sanitation: (1) The program facilities must have adequate light, ventilation, and heat. (2) The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and must be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from the buildings daily. Standards of Care Ordinance Exhibit A Page 10 of 11 APPENDIX I Criminal Offenses from the Texas Penal Code The following constitute criminal offenses included in the Texas Penal Code 19-25 and Section 43: Title 5. Offenses Against the Person Title 6. Offenses Against the Family Murder Bigamy Capital Murder Incest Voluntary manslaughter Interference w/ child custody Involuntary manslaughter Enticing a child Criminally negligent homicide Criminal non support False imprisonment Sale or purchase of a child Kidnapping Solicitation of a child Aggravated kidnapping Harboring a runaway child Rape Violation of a court order Aggravated rape Sexual abuse Section 43, Public Indecency/Prostitution Aggravated sexual abuse Promotion of prostitution Public lewdness Aggravated promotion of prostitution Indecent exposure Compelling prostitution Rape of a child Obscene display or distribution Sexual abuse of a child Obscenity Indecency with a child Sale, distribution, or display of harmful Homosexual conduct material to a minor Assault Sexual performance by a child Sexual assault Aggravated sexual assault Deadly assault on a peace officer Injury to a child or an elderly individual Reckless conduct Terroristic threat Aiding suicide Tampering with consumer products Standards of Care Ordinance Exhibit A Page 11 of 11 Star-Telegram f CU. I.U. INV. LL 314tSLD4 AD ORDER NO. 12119212 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7 . / v THE STATE OF TEXAS inty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT • NCH/LINE ' 12/05ME ' 12119212 ORDINANCE NO . 68 I358 lx 24L 24 . 79 18 . 96 ' ORDINANCE NO.684 12/0 5-12/0 5 AN ORDINANCE ESTABLISH- ING STANDARDS OF CARE FOR THE RECREATION PRO- GRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OP- ERATED BY THE CITY; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- __. INGS CLAUSE AND PROVID- ING AN EFFEC I IVE DATE. - - - - PASSED AND APPROVED THIS THE 2ND DAY OF DE- CEMBER 1997, DURING - THE REGULAR CITY COUN- CIL - —-- -- - - - - MEETING OF THE CITY OF SOUTHLAKE,TEXAS MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR,JR., —_ CITY ATTORNEY • SI -a44r--' SUBSCRIBED AND SWORN TO F HIS THE 23rdDAY OF DECEMBER 97 • • ;if -I. TAN_,6)A_,cLa__, L ss:� ��, RHONOA R.GOKE NotaryPublic �. g.f�'' COMMISSION EXPIRES �" �� `r SEPTEMBER 8, 1999 h�4...6,�`''=s TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ( I k- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT— Star-'Felegram .. �i. it �� REMIT���11 �6i1_( TO: 400 W.SEVENTH ST. •FORT WORTH. TEXAS 76102 12119212 ACCOUNT CITS7 AMDOENT NUMBER 18 . 96 PAGE 1 c IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PAY SOUTHLAKE , TX 76092-9595 IPLEASEHIS AMOUNT/ 18 . 961 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram I tU. I.U. NO. 514t3L04 AD ORDER NO. 12055898 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 T' 'E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO, T DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 11/21ME 1205589: NOTICE OF PUBLIC I358 1x 33L 33 . 79 26 . 07 N OTIC NOTICEIS EOFPUBLIC 11/21-11/21 HEARING HEREBY GIVEN to all interested pesons that the City Council of the City of Southlake, Texas, will behol --- _-- ' durT ngdthe Regular C tylic riCouncil Meeting to be99heldat n6 00 cember 2,p.m. in the City Council Chambers of the City Hall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing is to - — -- ---- consider the second��� reading of CITY F S OOggUTHLAKE.: TEXAS ORDINANCE NO.684 AN STANDARD ORINANCE S ESTABLISH- ING FOR THE RECREATION PRO- -iRAMS FOR ELEMENTARY ,CHOOL AGE CHILDREN OP- S RATED BY THE CITY; PRO- 'LAUSE; PROVIDINGRLITY A(SAV- NG A INGS CLAUSE AND PROVID- INGANEFFECTIVEDATE. ' 1 ' ' • % '.i THIS THE 24th DAY OF NOVEMBER , 1997 City of Southlake � �y y`1 /s/Sandra L.LeGrand, ' -�.�"'.P�e` /, RHONDA R. GOKE City Secretary - r \ (� w `I` Ll. I,•� Notary Public ,�,., „� COMMISSION EXPIRES .f ',e•• ... +`= SEPTEMBER 8, 1999 ��F OF - ;..,, :�:.:;„,.. _ TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! A�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� OFFICE OF Ztar-'Felegrarri CITY SECRET �! REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 12055898 NUMBER CIT57 DUE 26 . 07 PAGE1 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT,' 26 . 07 PLEASE WRITE IN AMOUNT ENCLOSED