ORD 2010-03TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-03
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",
SUBSECTION "E"; 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 XI, Section 5 of the Texas Constitution; and
WHEREAS, the Town previously adopted swimming pool regulations
which are codified in Article XV, entitled "Swimming Pools" of Chapter 3 of the
Code of Ordinances of the Town of Trophy Club; and
WHEREAS, Town Council has determined it necessary to update the
Town's ordinance regulating swimming pools in order to be consistent with
current law and standards regulating discharges from swimming pools and in
order 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
Section 15.02 (E) 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.
Ordinance No. 2010-03 1
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 (E) of Section 15.02, entitled "Applicability and Prohibited Conduct"
shall read in its entirety as follows and all other subsections of Section 15.02
shall remain the same:
"Section 15.02 Applicability and Prohibited Conduct
E. It shall be unlawful for any Person owning, leasing, claiming, occupying
or having supervision or control of any swimming pool to permit the
drainage of any swimming pool filter backwash containing spent
diatomaceous earth to the storm drainage system, to surface waters, or to
adjacent public or private property."
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances relating to
swimming pools 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. 2008-22. In the event that there is a conflict
between the provisions adopted via this Ordinance and those contained in
Ordinance No. 2008-22, the provisions of this Ordinance shall control and the
conflicting provisions of Ordinance No. 2008-22 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. 2008-22, on the date of adoption of this Ordinance shall continue
to be govemed 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, are expressly
saved as to any and all violations of the provisions of any other Ordinance
Ordinance No. 2010-03 2
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 Govemment 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.
Ordinance No. 2010-03 3
PASSED AND APPROVED by the Town of Trophy Club, Texas this the
18th day of January, 2010.
Effective
Date: Z/J V / /0
ATIEST:
,151 b A cf 1o/}.io"O
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
APPROVED TO AS FORM:
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Ordinance No. 2010-03
-Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
4
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 76262
Ofc: 682-831-4680 I Fax: 817-490-0705
COMPLIANCE PERMIT TO
DISCHARGE SWIMMING POOL WATER
ORDINANCE NO. 2010-03
APPLICANT'S NAME: __________ PHONE: ______ _
APPLICANT'S ADDRESS:
CONTACT INFORMATION:
FILTRATION SYSTEM FOR POOL:
POOL SERVICE COMPANY:
Name Address Phone
By signature below. hereby agree to comply with the provisions outlined in Town
Ordinance 2010-03, which states in part:
1. It shall be unlawful for any Person owning, leasing, claiming. occupying or
having supervision or control of any swimming pool to permit drainage of any
swimming pool filter backwash containing spent diatomaceous earth to the
storm drainage system. to surface waters, or to any adjacent public or private
property or to permit drainage of any swimming pool water to overflow onto a
neighbor's property or to any surface waters.
2. Draining on your own property -The filter backwash water must be
collected, contained and discharged to the sanitary sewer, if available, or to a
vegetated area contained within your property, using sandbags or berms, as
necessary. Cartridge filters should be rinsed in a sink, bathtub. or over a
lawn or other vegetated area. Do not discharge onto saturated soils or areas
where there has been a recent application of herbicides. pesticides, or
fertilizers. Allow sufficient area to prevent the ponding of water. Collect
materials (such as spent diatomaceous earth filter media) on a filter cloth
placed over the discharge surface and then throw the filter cloth and filter
media in the trash upon completion of filter cleaning.
3. Draining dechlorinated pool water to the curb and gutter -Prior to
draining pool water, the pH level (between 6.5 and 8.5) shall be neutralized,
and the chlorine or other disinfectant residual shall be at or below 0.01 parts
per million (ppm). The chlorine may be allowed to naturally dissipate over 3
to 5 days or a chemical dechlorinator shall be added to reach the desired
Ordinance No. 2010-03 5
level for dechlorinization. Typical pool chlorine level is 2 to 4 ppm.
Discharged pool water shall be free of any chemicals in toxic amounts,
including but not limited to chlorine, bromine, hydrogen peroxide based
products, copper, silver, algaecides, fungicides, soda ash, cyanuric acid and
muriatic acid and shall be free of debris, algae, or vegetation. Pool or spa
water treated with an ionizer or mineral purifiers shall not be discharged to
the curb and gutter. If using a discharge hose to drain pool water, the hose
shall be long enough to reach the curb to prevent soil erosion. This method
shall only be allowed when there are no flooding problems on your street.
4. Drain to sewer clean-out -Residences without capabilities to drain and
contain pool filter backwash onto their property or who do not obtain a
Compliance Permit, shall have their systems retrofitted to connect to the
sanitary sewer collection system via their cleanout.
Signature of Permit Holder Date
Permitting Official Signature Date
Ordinance No. 2010-03 6