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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: xj11 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