New York Social Services Law preempts municipalities from imposing additional licensing on family or group family day care homes and requires the Office of Children and Family Services to regulate child care uniformly across the state.
Social Services Law Section 390 establishes the Office of Children and Family Services as the sole licensing authority for family day care, group family day care, and day care centers. Section 390(12) explicitly bars any municipality from prohibiting family day care as a residential use or imposing license, registration, or inspection requirements beyond state law. Municipalities may apply neutral zoning rules that affect any single-family residence, but cannot single out home daycare. OCFS regulates ratios, safety, and background checks statewide.
Operating an unlicensed home daycare with more than two unrelated children beyond statutory limits is a misdemeanor under Section 390(11) and can carry fines up to one thousand dollars per day. Local rules that try to ban home daycare in residential zones are preempted and unenforceable.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Erie County, NY
Erie County itself does not regulate parking on town/village streets, but the Erie County Department of Parks, Recreation & Forestry enforces parking rules o...
Erie County, NY
Erie County has no breed-specific dog ban, and neither county nor any municipality within it may adopt one. New York Agriculture & Markets Law §107(5) expres...
Erie County, NY
Erie County does not adopt a single county-wide leash ordinance; dog control is set by each town or city under New York Agriculture & Markets Law Article 7. ...
Clarence, NY
Clarence Town Code prohibits keeping chickens in the Residential Single-Family (R-SF) zone unless the parcel is at least 5 acres or is located in the Agricul...
Erie County, NY
Erie County Local Law 2-2025, "The Sky Lantern Prohibition Act," bans the sale, use, release, and dispatch of sky lanterns county-wide. The law was adopted b...
Erie County, NY
Erie County has no separate county-level open-burning ordinance; outdoor burning across all of Erie County is governed by New York State regulation 6 NYCRR P...
Side-by-side rule comparisons with other cities in Erie County.
See how Clarence's home daycare rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.