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ORD 1986-18r� cPrn �E� TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. D 86-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS GOVERNING THE CON- STRUCTION OF SWIMMING POOLS; PROVIDING DEFINI- TIONS; ADOPTING THE REGULATIONS OF THE FENCE ORDINANCE; PROVIDING LIGHTING REQUIREMENTS; REQUIRING A PERMIT FOR THE USE OF A PUBLIC ADDRESS SYSTEM IN CONJUNCTION WITH THE USE OF A SWIMMING POOL; REQUIRING SWIMMING POOL CON- TRACTORS TO PRESENT PROOF OF A SURETY BOND PRIOR TO CONSTRUCTION; ADOPTING THE UNIFORM POOL CODE; REQUIRING THAT WATER FROM SWIMMING POOLS SHALL BE DRAINED IN STORM SEWERS OR NATURAL DRAINAGE AND NOT ONTO ADJOINING PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council recognizes the need for proper construction and maintenance of swimming pools within the corporate limits of the Town; and WHEREAS, the Town Council recognizes the need to protect citizens and other members of the public from the dangers inherent in the use of swimming pools; and WHEREAS, the Town Council hereby finds that the regulations established herein are in the best interest of the health, safety and 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. 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. The term "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 be an owner, lessee, operator, licensee or concessionaire, and shall include swimming pools used or intended to be used solely by the owner or friends invited to use it without payment of any fee. 003 a Section 3. A Certificate of Completion shall be obtained from the Town as a condition of approval of construction of the swimming pool. No Certificate of Completion shall be issued unless the final construction meets local and state law requirements and the sanitary facilities and water supply comply with the applicable local and state health department regulations. Final construction shall mean that a permanent fence shall be in place as required by the Town Fence Ordinance, Ordinance No. 86-22 Section 4. The regulations set forth in the Town Fence Ordinance, Ordinance No. 86-22 , are incorporated into the body of this ordinance as if copied herein in their entirety. Section 5. 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. Section 6. No public address system shall be used for any purpose without a permit from the Town. The Town Secretary shall establish a form for such application and require therein information relevant to the issuance of such a permit. Section 7. All swimming pool contractors shall provide proof of a surety bond in the amount of $5,000.00, which bond shall be valid for a period of not less than one (1) year from the last project completed. It shall be the responsibility and duty of either the contractor or the bonding company to notify the Town in writing thirty (30) days in advance of any cancellation of said bonds. Section 8. 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. Section 9. All swimming pools shall be equipped to drain the water therefrom into storm sewers or natural drainage and not onto adjoining property. The water drained from swimming pools shall not adversely affect the natural environment, such as trees, shrubs and other vegetation. Section 10. All pool equipment shall be screened from view from the street. Section 11. Above ground permanent pools are prohibited; provided, however, that a hot tub or whirlpool with a capacity of not more than 1,500 gallons shall be allowed. Section 12. If any section, article, paragraph, sentence, clause, phrase or word in 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 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 13. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a 0038) -2- fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 14. The fact that the present ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 11 day of EillEi1S , 1986. /-� l� [SEAL] APPROVED AS TO FORM: Texas own Attorney, Town of Trophy Club, Texas 0038j , Town of Trophy -Club, Texas