HomeMy WebLinkAboutO-1972-939
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ORDINANCE NO.
939
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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.
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(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.
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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.
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(4) Algae. Pool water, floors, walls and surrounding
decks and overflow gutters shall be kept free of algae.
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Ordinance No.
939 , Page 2.
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(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.
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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.
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(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.
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(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
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Ordinance No.
939
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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-
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Ordinance NO.
939
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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.
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CITY OF LA PORTE
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By J" ~ ~p(A4
. A. Thornas, Mayor
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Cl.ty Attorney