ORD 2011-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3 THE CODE OF ORDINANCES ENTITLED
"BUILDINGS AND CONSTRUCTION" OF ARTICLE XV, ENTITLED
"SWIMMING POOLS" BY AMENDING SECTION 15.02
"APPLICABILITY AND PROHIBITED CONDUCT", AND BY AMENDING
SECTION 15.04 (1) "DRAINING OF SWIMMING POOLS" AND 15.04 (K)
"CLARITY OF WATER"; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as `Town") is a
Home Rule municipality acting under its charter adopted by the electorate pursuant to
Article Xl, Section 5 of the Texas Constitution; and
WHEREAS, on April 16, 2007, the Town Council adopted Ordinance No.2007-
16, establishing "Swimming Pool Regulations" for the Town of Trophy Club, Texas; and
WHEREAS, based upon information provided by the Texas Commission on
Environmental Quality, the Town has determined that regulations regarding discharge of
backwash and wastewater from swimming pools may be addressed differently than the
method provided in the current provisions regulating swimming pools;
WHEREAS, the provisions contained herein are consistent with current law and
standards regulating discharges from swimming pools and serve to protect the health,
safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the
need to protect the environment; and
WHEREAS, the Town Council has determined it appropriate to amend Sections
15.02 and 15.04 of Article XV of Chapter 3 as more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations established
herein are in the best interest of the health, safety and general welfare of the citizens of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that subsections (A) and (E) of
Section 15.02, entitled "Applicability and Prohibited Conduct' shall read in their entirety
as follows and all other subsections of Section 15.02 shall remain the same:
"Section 15.02 Applicability and Prohibited Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter
constructed, erected, or maintained, and shall also apply to all existing pools and
spas which have a depth greater than twenty four inches (24") of water at any
point, unless otherwise expressly provided herein, including without limitation, the
exclusion provided in Section 15.04 (1)(2) for pools built or permitted prior to July
1, 2005. It shall be unlawful for any person to violate any provision of this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying or
having supervision or control of any swimming pool that is subject to the
provisions of this Article to permit the drainage of any swimming pool filter
backwash and/or spent diatomaceous earth to the storm drainage system, to
surface waters, or to adjacent public or private property."
2.02 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Section (1), entitled
"Draining of Swimming Pools" of Section 15.04 entitled "Swimming "Pools" is hereby
amended to be and read in its entirety as follows:
"Section 15.04 Swimming Pools
I. Draining of Swimming Pools
1. On any new swimming pool permitted on or after June 24, 2005, all
backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system. An indirect connection shall be made by means of
an air break discharging into a tail piece installed a minimum of 6" or 152
mm above adjacent grade. The tailpiece shall be connected to a minimum
ORD 2011-18 Page 2 of 5
3" or 76 mm p -trap not less than 12" (304 mm) below grade which
discharges into the yard cleanout riser.
2. Owners of existing pools (pools built or permitted prior to July 1, 2005) are
not required by this Ordinance to retrofit the pool equipment and tie into the
sanitary sewer.
3. Failure to comply with this Section shall be unlawful and shall constitute a
violation of this Article."
2.03 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Subsection 5 of Section
(K), entitled "Clarity of Water" of Section 15.04 entitled "Swimming "Pools" is hereby
amended to be and read in its entirety as follows:
"K. Clarity of Water
5. Wastewater from a swimming pool that is subject to the provisions of this
Article shall be discharged into a sanitary sewer. There shall be no direct
physical connection between the sewer system and any drain from the
swimming pool or circulations system.
2.04 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Subsection 6 of Section
(K), entitled "Clarity of Wates' of Section 15.04 entitled "Swimming "Pools" is hereby
repealed in its entirety.
"K. Clarity of Water
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances affecting swimming
pool regulations and shall not repeal any of the provisions of such Ordinances, whether
codified or uncodified, except for those instances where there are direct conflicts with
the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance. Provided however,
that any complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to any such Ordinance on the date of adoption of this Ordinance shall
continue to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
ORD 2011-18 Page 3 of 5
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting swimming
pool regulations which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the ordinance records of the Town and as required by
Charter.
ORD 2011-18 Page 4 of 5
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 2nd day
of May, 2011.
ATTEST:
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hriijujo') i�,�r�r�tu.,
\ Shannon DePrateN, Town Secretary
town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ORD 2011-18 Page 5 of 5