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HomeMy WebLinkAboutO-1972-939 . e ORDINANCE NO. 939 . AN ORDINANCE ESTABLISHING WATER QUALITY STANDARDS FOR PUBLIC SWIMMING POOLS AS HEREIN DEFINED; CONTAINING DEFINITIONS; PROVIDING AN ANNUAL PERMIT FOR THE OPERATION OF PUBLIC SWIMMING POOLS; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Definitions. . (A) Swimming pool. Any structure, basin, chamber, tank or other receptacle capable of containing an artificial body of water for swimming, diving or recreational bathing and having a depth at any point of three (3) feet or rnore. (B) Public swimmin~ pool. Any swimming pool, other than a private residential sWl.mming pool, as hereinafter defined, intended to be used collectively by numbers of persons for swimming or bathing, however owned or operated and regardless of whether a fee is charged for such use. Such terrn includes, but is not lirnited to, swimming pools owned or operated incident to a rnulti-farnily dwelling project. (C) Private residential swimming pool. located on private property under the control owner, the use of which is limited to mernbers their invited guests. Any swimming pool of a single horne of his farnily or (D) Multi-farnily dwelling project. Any combination of two or more farnily dwelling units. (E) Wading pool. Any special purpose pool or receptacle set aside prirnarily for use by children. . Section 2. Water Quality. (A) The provisions of this Ordinance shall not apply to private residential swimming pools, as herein defined. (B) All public swimming pools, as well as wading pools, as herein defined, shall rnaintain water quality at all tirnes consistent with the requirernents herein set forth: (I) Disinfectant. There shall be introduced into such pools sufficient disinfectant so as to rnaintain at all tirnes a free chlorine residual of not less than 0.5 ppm as shown by the standard ortho-tolidine test, which level shall be maintained in all parts of the pool. (2) Acidity-Alkalinitr. The pool water shall be maintained in an alkaline conditl.on so that pH of the water shall not be less than 7.2. (3) Clarity of water. The pool water shall be suffi- ciently clear so that the rnain drain in the deepest part of said pool is clearly visible frorn the edge of such pool nearest said drain. . (4) Algae. Pool water, floors, walls and surrounding decks and overflow gutters shall be kept free of algae. e e Ordinance No. 939 , Page 2. . (5) Bacterial quality. Not rnore than 15% of sarnples tested shall show the presence of coliforrn organisrns nor have a plate count of rnore than 200 bacteria per rnillileter. (6) Recirculation systern. Each public swimming pool shall be equipped with a recirculation systern which shall con- sist of pumping equiprnent, hair and lint catcher and filters. Wading pools shall be physically separated frorn swimming pools and shall be served by the swimming pool recirculation systern or by a separate systern. . Section 3. Annual Public Swimming Pool License. (A) It shall be unlawful to establish, rnaintain or oper- ate a public swimming pool, as herein defined, without first securing a public swimming pool license frorn the City of La Porte Health Departrnent. Written application for such license must be filed with the Health Department, and rnust contain sufficient inforrnation to identify the owners andlor operators of the public swimming pool, the location of such pool, and the narne and address of the person, firrn or corporation seeking the license. (B) As an exception to the requirernent for a license, the owner or operator of an existing public swimming pool will be perrnitted to continue operation of such swimming pool for a period of sixty (60) days frorn the effective date of this Ordi- nance without obtaining a license therefor upon the following conditions: (I) Such owner andlor operator shall'. rnake applica- tion for a license, paying the required fee therefor within such sixty (60) day period. (2) Upon receipt of such application, the Health Departrnent shall cause an investigation to be made of such public swimming pool to deterrnine if the sarne rneets the water quality requirernents of this Ordinance. . (3) If the inspection of applicant's public swirn- rning pool indicates cornpliance with the water quality standards contained in this Ordinance, such applicant shall be issued a license which shall be valid for a period until the following June 30th. If the inspection deterrnines water quality variances frorn the requirernents of this Ordinance, and the same are con- sidered by the Health Departrnent to be dangerous to life, health and safety of the public, such license shall be denied. In the event of the denial of a license, it shall be unlawful to con- tainue the use of a public swimming pool until the water quality standards are determined to be in compliance with this Ordinance, and the required license is obtained. (4) For good cause shown, the Health Department may extend the period for completion of any necessary upgrading in the water quality standards for one additional period of sixty (60) days. . (C) It shall be unlawful for any public swimming pool owner, or operator, to continue operating such swimming pool unless he shall have rnade application for a public swimming pool license as provided herein within sixty (60) days frorn the effective date hereof. (D) Licenses shall be valid for a period of one (I) year beginning on "-May 1 of each year and shall be renewable annually during the rnonth of April. The license fee and annual license . . . . e . Ordinance No. 939 , Page 3. renewal shall be the sum of issued after "May 1 of each the basis of $1.00 for each since May 1 of such year. refundable. $12.00. License fees for licenses license year shall be prorated upon elapsed rnonth, or fraction thereof, All license fees shall be non- (E) Public swimming pool licenses shall be non-transferable. (F) By the acceptance of the license, the licensee shall be deerned to authorize the inspection of his swimming pool at all reasonable hours. Failure to perrnit such inspection shall be grounds for suspension or revocation of the license. (G) Upon each such inspection by the Health Departrnent, the result of the inspection will be communicated to the licensee. Discrepancies found in the water quality standards, as required by this Ordinance, shall be corrected within a time period speci- fied by the Sanitarian. If such discrepancy is considered, in the opinion of the Sanitarian, to be hazardous to the health and safety of the public, such license rnay be suspended until the discrepancy is corrected. It shall be unlawful to rnaintain or allow the use of a public swimming pool during such period of suspension. Section 4. Penalty Clause. Any yiolation of any of the terrns of this ordinance, whether herein denorninated as unlawful or not, shall be deemed a rnisderneanor; and any person convicted of any such violation shall be fined in a surn not exceeding Two Hundred ($200.00) Dollars. Each day of the continuance of such violation shall be considered a separate offense and be punished separately; any any person, agent or ernployee engaged in such violation shall on conviction be so punished therefor. Section 5. Repealing Clause. All ordinances or parts of ordinances inconsistent with tl1e terrns" .of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall he cumulative of other ordinances regulating and governing the subject rnatter covered by this ordinance. Section 6. Savings Clause. If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of sarne to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their applica- -.-. . . . e e Ordinance NO. 939 , Page 4. tion to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 7. Effective Date. This Ordinance shall take effect frorn and after fourteen (14) days after its passage by the City Commission. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after its passage. PASSED AND APPROVED, this the 2nd day of October, 1972. -:' CITY OF LA PORTE ::fAZ) By J" ~ ~p(A4 . A. Thornas, Mayor tJ.. ~ .' - ". ,./' - - }~' < ! ,~"..I-~~ Cl. ~ ~;(d~ Cl.ty Attorney