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Van Buren park does not allow firearms

scot623

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Choover...Who's daycare is it? Is it a county run daycare? I'm coming out there for a visit...I'll be requesting a copy of the license to see the address listed. A daycare on a field trip to a museum doesn't turn the museum into a daycare. Stay tuned.
 

choover

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Choover...Who's daycare is it? Is it a county run daycare? I'm coming out there for a visit...I'll be requesting a copy of the license to see the address listed. A daycare on a field trip to a museum doesn't turn the museum into a daycare. Stay tuned.

thats going to be the main point of my letter, to ask if they are licensed and had the proper inspections :)

I would like to see a list of all the requirements for a daycare / child care facility
 
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sprinklerguy28

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Choover...Who's daycare is it? Is it a county run daycare? I'm coming out there for a visit...I'll be requesting a copy of the license to see the address listed. A daycare on a field trip to a museum doesn't turn the museum into a daycare. Stay tuned.

Road trip!!! I'm in.
 

scot623

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The legal question then becomes, does "day camp" qualify under 28.425o

(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.

I don't see day camp listed. Not too mention, the park is 160 friggin' acres!!?!!they get the whole thing?
 

Master Control

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The legal question then becomes, does "day camp" qualify under 28.425o

(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.

I don't see day camp listed. Not too mention, the park is 160 friggin' acres!!?!!they get the whole thing?

from the description of the letter it appeers that they do, can't find out til monday when we can contact:
Darrell D. Clay, Licensing Consultant
Bureau of Children and Adult Licensing
322 E. Stockbridge Ave
Kalamazoo, MI 49001
I take it you have the phone number for Mr. Clay
 

choover

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OC with CPL then.

I disagree 750.234d (1) (f) seems specific to a day care center, it is not as broad as 28.425. I am gonna say OC with or without would be legal. Van Buren park is not a day care center. If it is I have concerns about the general public being able to have full access to a day care center :)

750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

(b) A church or other house of religious worship.

(c) A court.

(d) A theatre.

(e) A sports arena.

(f) A day care center.

(g) A hospital.

(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(2) This section does not apply to any of the following:

(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

(b) A peace officer.

(c) A person licensed by this state or another state to carry a concealed weapon.
 
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DrTodd

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center - a building dedicated to a particular activity
A "daycare center" appears to denote a building
http://www.thefreedictionary.com/center
(Definition # 3, little less than 1/2 way down the page)

This is much like AG opinion 7120
http://www.ag.state.mi.us/opinion/datafiles/2000s/op10195.htm

where a "facility" is deemed to be a building...an "entertainment facility" in 28.425o needs to be a building or part of a building. I would think the same of a "center".
AG Granholm also states that since these restrictions are a part of the Penal Code, they must be narrowly construed.

She also goes on to say that an outdoor area was not discussed as a place where people could not carry firearms during the CPL Act deliberations.
 

scot623

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Camp Licensing Overview
Purpose
Camp licensing, regulation and inspection is a cooperative venture involving the public, camp directors and the Department of Human Services, Bureau of Children and Adult Licensing. The goal is safe, healthy and worthwhile camping experiences for all campers.
What is a Camp?
In Michigan, a licensed children's camp is defined in Act No. 116 of the Public Acts of 1973, as amended. A children's camp is five or more children, away from their parents, relatives or legal guardians, for five or more days within a 14-day period in a natural environment.

A licensed adult foster care camp is defined in Act No. 218 of the Public Acts of 1979, as amended. An adult foster care facility with the approved capacity to recieve more than four adults who shall be provided foster care. An adult foster care camp is a facility located in a natural or rural environment.

Who licenses Camps?
The Michigan Department of Human Services is the licensing agency for camps. The Bureau of Children and Adult Licensing inspects and licenses camp programs for compliance with the requirements contained in the administrative rules for camps. Camps are licensed for an original 6 month license and renewed to a two year license. Onsite inspections are completed annually..

Types of licenses
There are three types of licenses: original, regular, and provisional.

Once a new camp demonstrates the ability to comply with licensing requirements, an original license is issued for 6 months.
After an onsite inspection during the first period of operation, a regular 2 year license is issued if the camp is in substantial compliance with licensing requirements.
A provisional license is issued when a camp is temporarily unable to conform to licensing requirements.
What is required to become licensed?
Four areas are addressed to determine if a license can be issued.

Operator Clearances ...involve a criminal history check through the Law Enforcement Information Network and a protective services check through the use of the State's Child Abuse and Neglect Central Registry. These checks are used to assess the good moral character and suitability of those who interact with campers.
General Provision Evaluation ...involves an assessment of camp staff requirements, health services, food service, camp activities, policies and procedures, records and facilities. An onsite inspection occurs annually.
Fire Safety Evaluation ...assures compliance with essential fire safety requirements. Fire safety inspections are privately contracted by the camp. Inspections occur at least once every two years.
Environmental Health Evaluation ...covers water supply, food service, sewage disposal, general sanitation and site safety. The inspection is conducted by the local county health department each season.
The decision to issue a license is based on a review of information contained on the camp license application, licensing record clearances, an evaluation of compliance with the camp licensing rules, and the onsite inspection.
Taking Action
When a camp is not in substantial compliance with the rules, a provisional license may be granted until the camp is able to correct its noncompliance. If a camp is unable to correct licensing violations, a camp license may be revoked. A camp can lose its license.http://www.michigan.gov/dhs/0,1607,7-124-5455_27716_27723-82032--,00.html
 

scot623

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http://www.michigan.gov/dhs/0,1607,7-124-5455_27716_27723-82032--,00.html

Child care center rules... 51 pages

(d) “Center” means a child care center or day care center which is a facility other than a private
residence, which receives 1 or more preschool or school-age children for care for periods of
less than 24 hours a day, and at which the parents or guardians are not immediately available
to the children. It includes a facility that provides care for not less than 2 consecutive weeks,
regardless of the number of hours of care per day. The facility is generally described as a
child care center, day care center, day nursery, nursery school, parent cooperative preschool,
prekindergarten, play group, or drop-in center.

“Center” does not include any of the following:
(i) A Sunday school, a vacation Bible school, or a religious instructional class which is
conducted by a religious organization and at which children are in attendance for not
more than 3 hours per day for an indefinite period, or not more than 8 hours per day for
a period not to exceed 4 weeks during a 12-month period, or a facility operated by a
religious organization where children are cared for not more than 3 hours while persons
responsible for the children are attending religious services.
(ii) A special education program or service conducted under the authority of article 3 of
1976 PA 451, MCL 380.1701 to 380.1766.
2
(iii) A kindergarten, elementary, or secondary school program operated by a local or intermediate
school district under the authority of 1976 PA 451, MCL 380.1 et seq. However,
this exemption shall not apply to a prekindergarten program or to a child care center
program for school-age children operated by a local or intermediate school district.
(iv) An elementary or secondary school program operated by a nonpublic school. However,
this exemption shall not apply to a prekindergarten program or a child care center program
for school-age children operated by a nonpublic school.
(v) A kindergarten operated as part of a nonpublic elementary school. However, this
exemption shall not apply to a nonpublic kindergarten operated as part of a child care
center.
(vi) A program that is primarily supervised, school-age-child-focused training in a specific
subject, including, but not limited to, dancing, drama, music, or religion. This exclusion
applies only to the time a child is involved in supervised, school-age-child-focused
training.

I THINK WE HAVE A WINNER...DING, DING, DING!!

(vii) A program that is primarily an incident of group athletic or social activities for schoolage
children sponsored by or under the supervision of an organized club or hobby
group, including, but not limited to, youth clubs, scouting, and school-age recreational
or supplementary education programs. This exclusion applies only to the time the
school-age child is engaged in the group athletic or social activities and if the schoolage
child can come and go at will.
 
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