ORD 1995-121
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 95-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS
GOVERNING THE CONSTRUCTION OF SWIMMING POOLS; PROVIDING DEFINITIONS; AS TO
SWIMMING POOLS: (1) PROVIDING LIGHTING REQUIREMENTS, (2) REQUIRING A PERMIT FOR
THE USE OF A PUBLIC ADDRESS SYSTEM, (3) ADOPTING THE UNIFORM POOL CODE, AND (4)
REQUIRING THAT WATER FROM SWIMMING POOLS BE DRAINED IN STORM SEWERS OR
NATURAL DRAINAGE AND NOT INTO ADJOINING PROPERTY; PROVIDING A SAVINGS CLAUSE;
REPEALING ORDINANCE NO. 92-06 RELATING TO SWIMMING POOLS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00)
NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATED
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") recognizes the
need for proper construction and maintenance of swimming pools and the need to protect citizens
and other members of the public from the dangers inherent in the use of swimming pools within the
Town; 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
Section 1. Incorporation. That all 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. Definitions. When used in this ordinance, the following terms shall have the
respective meanings ascribed to them:
A. "Swimming pool" shall mean a body of water in an artificial or semi -artificial receptacle or
other container located outdoors, used or intended to be used for public, semi-public or private
swimming or bathing by adults or children, or both adults and children, operated and maintained by
any person, whether he/she be an owner, lessee, operator, licensed or concessionaire, and shall
include swimming pools used or intended to be used solely by the owner or guests invited to use it
without payment of any fee. Hot tubs, whirlpool baths and tubs, and Jacuzzi type tubs or baths shall
be considered swimming pools if they are located outdoors or designed to be located outdoors and
are provided with permanent outdoor water plumbing Any indoor swimming or wading pool with
movable walls, windows or doors exposing such indoor pool at ground level to outside yards shall be
included in the definition of swimming pool.
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B, "In Ground Swimming Pool" shall mean any structure, basin, chamber or tank containing
an artificial body of water dug into the ground for use or intended to be used for public, semi-public
or private swimming or bathing by adults or children, or both adults and children, operated and
maintained by any person, whether he/she be an owner, lessee, operator, licensed or
concessionaire, and shall include swimming pools used or intended to be used solely by the owner
or guests invited to use it without payment of any fee.
C. "Above Ground Swimming Pool" shall mean shall mean any structure, basin, chamber or
tank containing an artificial body of water needing external buttresses for use or intended to be used
for public, semi-public or private swimming or bathing by adults or children, or both adults and
children, operated and maintained by any person, whether he/she be an owner, lessee, operator,
licensed or concessionaire, and shall include swimming pools used or intended to be used solely by
the owner or guests invited to use it without payment of any fee.
Section 3 Applicability and exceptions. This ordinance shall be applicable to all new
swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools
which have a depth of twenty four (24) inches or more of water at any point.
A. Deflatable pools and temporary portable pools generally described as "kiddie pools," are
exempt from the provisions of this ordinance.
B. No person in possession of land within the Town, whether as owner, purchaser, lessee, or
a licensee, upon which Is situated a swimming pool having a depth of twenty four (24) inches or
more of water at any point, shall fail to provide and maintain such fence or wall as herein provided.
C. Any and all; fenced swimming pools existing at the time this ordinance is passed shall be
deemed to be in compliance with this ordinance.
D. Any and all unfenced swimming pools existing at the time this ordinance is passed shall
have ninety (90) days to comply with the terms and requirements herein stated, from the effective
date of this ordinance.
Section 4 Swimming Pools.
A. Permit - It shall be unlawful of any person, corporation, partnership or other legal entity to
construct or have constructed any type of swimming pool without having first procured a permit for
the construction of same from the Planning and Zoning Administrator.
The following information shall be required in the permit application:
(1) Applicant's .,name and address.
(2) If person represents a corporation, partnership or other legal entity, the name and
address of ithe president of the same.
(3) Name of tl�e foreman or contractor in charge of construction.
(4) Name of the owner of the property.
(5) Address of the location where swimming pool is to be constructed.
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(6) Size of swimming pool.
(7) Approximate value.
(8) A plot plan showing the location of swimming pool on the property; also showing property
setback lines and location of required fence.
A permit fee, in accordance with the fee schedule will be required before constructing a swimming
pool.
13. Swimming Pool Regulations.
(1) Fence required. Every outdoor swimming pool must be enclosed by a wall or fence not
less than four (4) feet in height. Said wall or fence shall be constructed in such a manner
that there are no gaps or openings, other than gates or doors, larger than four (4) inches
measured in any direction. Such wall or fence shall be permanent, shall be set and
anchored firmly in the earth, and all gates or doors in said wall or fence shall be equipped
with self-closing and self -latching devices capable of keeping the gate or door securely
closed when not in use. Such latching devices shall be attached to the upper quarter of
the gate and wall or fence on the inside thereof.
Rigid lock down covers may be allowed in connection with hot tubs, whirlpool baths and
tubs, Jacuzzi type baths and tubs, and spas in lieu of a fence, provided prior approval is
given through application for a fence permit and further provided that the cover is kept
locked at all times the hot tubs, whirlpool baths and tubs, Jacuzzi type baths and tubs,
and spas is not in use.
(2) Temporary Fence. During the construction of a swimming pool, a temporary fence shall
be provided during the construction phase, which shall limit access to the construction
site at all times except when construction is actually in progress. A permanent wall or
fence shall Ibe in place before final inspection.
C. Form Survey Required. At the time of first inspection a form survey shall be submitted
and approved by the building inspector.
D. Certificate of Completion. To receive a certificate of completion, the following inspections
must be done; Belly steel and ground steel, deck steel and ground, and a final inspection
including the fencing. At the final inspection, all local, state requirements and Uniform Pool
Codes must be met.
E. Lighting. All lighting of a swimming pool shall be shielded or directed to face away from
adjoining residences. If lights are not individually shielded they shall be so placed, or the
enclosing wall or fence shall be so designed, that direct rays from the lights shall not be
visible from adjacent or contiguous properties.
F. Public Address System. No public address system shall be used for any purpose without
a permit from the Town. The Town's Planning and Zoning Administrator shall establish a
form for such application and require therein information relevant to the issuance of such a
permit.
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G. Licensed Contractor: All electrical and plumbing work shall be performed by licensed
contractors in accordance with the requirements of the Town Building Code.
H. Location: Adoption of Uniform Pool Code. All swimming pools shall not be constructed
within a public easement, utility easement or other easement except to the extent that the
easement allows such construction. There is hereby adopted the Uniform Pool Code, the
regulations of which shall be applicable to all swimming pools within the Town.
I. Draining Pools. All new swimming pool installations must be properly connected to the
storm sewer system or to a return filter system. No unauthorized discharge including
swimming pool.,backwash water shall be permitted into the sanitary sewer, river or creek. The
water drainage ,from swimming pools shall not adversely affect the natural environment, such
as trees, shrubs, and other vegetation.
J. Screening. All swimming pool equipment shall be screened from public view, including
adjacent properties.
K. Clarity of Water. The water in all swimming pools within the Town, public or private shall
be of sufficient clarity such that the bottom of the swimming pool is visible to the naked eye.
In order to help achieve this objective, each swimming pool shall have a minimum fee
residual chlorine of one (1) part per million. In addition, no swimming pool water shall have
an acid reaction to a standard pH test.
L. Above Ground fools. Above ground swimming pools are prohibited. Hot tubs, whirlpool
baths and tubs, and Jacuzzi type tubs or baths with a capacity of not more than 1,500
gallons shall be allowed above ground.
Section 5. Appeal. Any person aggrieved by the terms of this ordinance shall have the right
to petition the Town ,Council and seek an exception from the same. An exception may be
authorized as will not be contrary to the public interest, where owing to special conditions, the literal
enforcement of the provisions of this ordinance will result in unnecessary hardship, so that the spirit
of this ordinance shall be observed and substantial justice done.
Section 6. Savings; Repealer. That this ordinance shall be cumulative of all ordinance of the
Town affecting swimming and shall not repeal any of the provisions of ordinances that are in direct
conflict with the provisions of this ordinance; provided however, that Ordinance No. 92-06 relating to
swimming pools and fences is hereby repealed in its entirety, but provided however that any
complaint, action, cause or action or claim which has been initialed or has arisen under or pursuant
the said repealed ordinance shall continue to be governed by the provisions of that ordinance, and
for that purpose the repealed ordinance shall be deemed to remain in full force and effect.
Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or word
of this ordinance, or application thereto, 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
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portions of this ordinance; and the Town Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in
full force and effect.
Section 8. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or falling to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred $500.00), and a
separate offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 9. Effective Date. This Ordinance shall take effect from and after its date of passage
and publication as provided by law.
PASSED ANN APPROVED by the Town of Trophy Club, Texas this the 18th day of
July 1995.
Mayor, Town of Trnr) v lub, Texas
r-l"I 4�5
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town All ney,
Town of Trophy Club, Texas
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[SEAL]
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9 8 — 2 8
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ANIENDI G ORDINANCE NOS. 98-07,96-03,95-12,
95-04, 92-03, 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02,
85-26, 85-23, 85-19, 85-15 OF THE TOWN RELATING TO
VARIOUS OFFENSES PUNISHABLE BY FINE; PROVIDING
REVISED PENALTY AMOUNTS FOR EACH OFFENSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 98-07 regulates sexually oriented businesses and the Town
wishes to impose a more stringent penalty as allowed by state law;
WHEREAS, Ordinance No. 96-03 pertaining to school zones allows for a fine amount
inconsistent state law;
WHEREAS, Ordinance No. 95-12 pertaining to swimming pools states a single fine
amount for all offenses arising under the ordinance, and state law provides for various penalties
for the various items prohibited in the ordinance;
WHEREAS, Ordinance No. 95-04 amending the Town Zoning Map states a fine amount
inconsistent with state law provisions pertaining to violations of zoning regulations;
WHEREAS, Ordinance No. 92-03 governing emergency medical services and overweight
vehicles pertains to the health, safety, and welfare of the community; and
WHEREAS, Ordinance Nos, 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-
23, 85-19, 85-15 have not been updated according to changes in state Iaw since the times of their
enactments, and such update is desired by the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. 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. Ordinance No. 98-07 of the Town of Trophy Club, Texas (the "Town") is
hereby corrected in the heading of the ordinance to state that the fine amount for violation of
Section 13 of the ordinance is punishable by a fine not to exceed Two Thousand Dollars
($2,000).
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DOC d: 6-15335
Section 3.. Ordinance No. 96-03 of the Town of Trophy Club, Texas is hereby
corrected in the heading and amended in the penalty provision of the ordinance to state that the
fine amount for violation of the school zone portion of the ordinance is punishable by a fine not
to exceed Two Hundred Dollars ($200.00) for each offense.
Section 4. Ordinance No. 95-12 of the Town of Trophy Club, Texas is hereby
corrected in the heading and amended in the penalty provision of the ordinance to state that the
fine amount for violation of Section 4 subsections (D),(E),(G),(H),(l),(K) and (L) is punishable
by a fine not to exceed Two Thousand dollars ($2,000.00) for each violation and a separate
offense shall be deemed committed upon each day during on or which a violation occurs; Section
4(B)(1) and (2) is punishable by a fine not to exceed One Thousand dollars ($1,000.00) for each
offense and a separate offense shall be deemed committed upon each day during on or which a
violation occurs; a violation all other provisions is punishable by a fine not to exceed Five
Hundred dollars ($500.00) for each violation and a separate offense shall be deemed committed
upon each day during on or which a violation occurs.
Section S. Ordinance No. 95-04 of the Town of Trophy Club, Texas, is hereby
corrected in the heading and amended in the penalty provision of the ordinance to state that the
fine amount for the ordinance is punishable by a fine not to exceed Two Thousand Dollars
($2,000.00) for each offense and a separate offense shall be deemed committed upon each day
during on or which a violation occurs.
Section 6. Ordinance No. 92-03 of the Town of Trophy Club, Texas is hereby
corrected in the heading and amended in the penalty provision of the ordinance to state that the
fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand
dollars ($2,000.00) for each offense.
Section 7. Ordinance Nos. 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26,
85-19 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in
the penalty provisions of the ordinances to state that the fine amount for violation of ordinance
is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each offense and a
separate offense shall be deemed committed upon each day during on or which a violation occurs.
Section 8. Ordinance Nos. 85-23 and 85-15 of the Town of Trophy Club, Texas are
hereby corrected in the headings and amended in the penalty provisions of the ordinances to state
that the fine amount for violation of ordinance is punishable by a fine not to exceed Five
Hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed
upon each day during on or which a violation occurs.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City
affecting traffic control and shall not repeal any of the provisions of those ordinances except in
those instances where the provisions of those Ordinances are in direct conflict with the provisions
of this Ordinance.
nnr �t• Fas33r,
Section 10. The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section. 11. This Ordinance shall become effective from and after its date of passage and
publication as provided by law.
PASSED AND APPROVED by the Town 0
this the 20th_ day of October 1998.
ATTEST:
Town Secret ` ,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
.G�"UL - CIL
Town Attorney,
Town of Trophy Club, Texas
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4 -of the Town f Trophy Club, Texas
, Town of Trophy Club, Texas