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ORD 2008-12 - FailedTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008 — 12 FAILED 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 15.01 "DEFINITIONS"; BY AMENDING SECTION 15.02 "APPLICABILITY AND PROHIBITED CONDUCT"; AND BY AMENDING SECTION 15.04 (1) "DRAINING OF SWIMMING POOLS"; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS AUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PEN Y N T TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2 00) FOR CH OFFENSE AND A SEPARATE OFFENSE SHALL B E D C M'JJOED EACH DAY DURING OR ON WHICH A OLATI N 'O C RSR CONTINUES; PROVIDING FOR PUBLIC TION• R VI IN OR ENGROSSMENT AND ENROLLMEn AND RO IDI N F EVE DATE. WHEREAS, the Tis n Trop y lu (he einafter rete red t Town')'' a Home Rule municipality acting erha er a opt d y telecto ate ua t o Art' XI, Section 5 of the Texas Co ' ution a WH RE , on Ap 16 2 07, th Town C nc' dopted Ordinance No.2007-16, ling "Sw mMJgg oo egu ati ns, or the Town f rophy Club, Texas; and WH REAS, r oPv n staff has r com dnd'ed an update to Ordinance No. 2007-16 which is codified in rticl a titled wlm Wools" ools" of Chapter 3 of the Code of Ordinances entitled "Buildings a d onstr ctio in or to be consistent with current law and standards regulating discharges rom swi in poo' oo s and in order to protect the health, safety, and welfare of the citizens oft e T wn; 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 15.01, 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 Section 15.01, entitled "Definitions", shall be and read in its entirety as follows: "Section 15.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them: Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if partly above and partly below -ground, the top of the receptacle basin is at least twenty-four inches (24") above ground. In -Ground Swimming Pool: A structure intended for swimming or recr onal athing that contains water over twenty-four inches (24") deep and has a cep city of over even hundred (700) gallons that is dug into the ground. Kiddie Pool or Wading Pool: Any deflatable, portable or tem `'ar sp ci I u pose pool or receptacle set aside primarily for unechildr n w a p h n gr ate than twenty-four inches (24"). Non -Maintained: The failure kee wat r bacter a and i It f ee the ical or mechanical means. Permitting Person: entity ret Spa: A t and tubs in a hes heater, contains Stagnant: of proprietorship or any other l or to no tng but not limited to hot tubs, whirlpool baths u s or . hs, for recreational or therapeutic use, not located si ed for immersion of users and usually having a filter, blower. The spa is intended for recreational bathing and four inches (24") deep. or non -flowing water. Surface Waters: Water collecting on the ground or in a stream, river, lake, wetland, or ocean. Swimming Pool: Any structure intended for swimming or recreational bathing that is designed to contain water over twenty-four inches (24") deep and has a capacity of over seven -hundred (700) gallons. This includes inground, aboveground and on -ground swimming pools. As used in this Article the term is limited to pools which are fitted with a filter for clarifying pool water, or which are designed to be fitted with a filter, whether installed or not. The term shall not include facilities located inside a residence, storable pools designed for seasonal setup and use which are stored at the end of the swimming season, or spas installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in place at all times when the spa is not in use. Swimming Pool Filter Backwash: Normal filter backwash water from both public and private swimming pools as well as spas with backwash filter facilities. Unsanitary: Not free from elements, such as filth or pathogens that endanger health and hygiene." 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 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, except as specifically prohibited in Subsection F. It shall be unlawful for any person t olat any provision of this Article. E. It shall be unlawful for any Person owning, leasing, claimin c u ying or ha supervision or control of any swimming pool to permit the dr ' ge of a swing p of filter backwash and/or spent diatomaceous earth to th storm n ge ys em to surface waters, or to adjacent public or private prgpprty." 2.03 Article XV, entitled "Swimming Po f ha ter 3 o the Code o Or in ce' of the Town of Trophy Club, Texas, is hereby me d d, o that Section titl Dr fining of Swimming Pools" of Section 15. a titled ' Swi ing 'Pools" is her y �e ded to b and read in its entirety as follows: / I "Section 1 I. Draining 1. All bac wash or inaga fro swl p poo' shall discharge into the sanitary sewer yste indirect co n cti shall be made by means of an air break dischar ing into a Jes c in ed a minimum of 6" or 152 mm above adjacent grade. he ailpie ll connected to a minimum 3" or 76 mm p -trap not less than 12" (3 m )w grade which discharges into the yard cleanout riser. 2. Owner qf4 ools built or permitted prior to July 1, 2005 shall have until 1, 20_ o comply with subsection 1 above or to obtain a Compliance Permit in accordance with subsection 3 below. 3. As an alternative to meeting the requirements of subsection 1 above, Owners of pools built or permitted prior to July 1, 2005, may obtain approval for an alternate disposal process for all swimming pool backwash. An application for approval of an alternate disposal process may be obtained from the Town's Permitting Department. The Compliance Permit shall not allow for any backwash or drainage water to be pumped or drained directly or indirectly to adjacent public or private property, including without limitation, streets, storm sewers or surface waters. The Compliance Permit may allow for drainage if drainage remains on the Permittee's property and Permittee properly disposes of all filter backwashes into the trash as required by the Compliance Permit. Additionally. the Compliance Permit may allow for the drainage of de -chlorinated water to the curb and gutter in accordance with the requirements of the Compliance Permit. . 4. Failure to comply with this Section shall be unlawful and shall constitute a violation of this Article." SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance and Ordinance No. 2007-16. In the event that there is a conflict between the provisions adopted via this Ordinance and those contained in Ordinance No. 2007- 16, the provisions of this Ordinance shall control and the conflicting provisions of Ordinance No. 2007-16 are hereby repealed. 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 Ordinance No. 2007-16, 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. SECTION 4. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, expre Iy sa d s tp any and all violations of the provisions of any other Ordinance affect ng swlm ' g poo re ula ons which have secured at the time of the effective date of is Ordin nc ;" nd, as to s ch acc ued violations and all pending litigation, both civil and cri nal, whethei pe i curt r n t, u der such Ordinances same shall not be affected i S rdl ance but may be o eculed nti final disposition by the courts. - If any sectic n, anti , pa ag ph, en enc fu s phr or din this Ordinance or application thereof t an per o or cu sta ce'sd Invalid o nconstitutional by a Court of competent jurisdicti n, s of in all of affe t vali of the remaining portions of this Ordinance, and the own Co' n it hereby d cl res it have passed such remaining portions of this Ordinance despite invalidity, w i h r ` aining 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. 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 171h day of March 2008. Nick Sanders, Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: