ORD 1991-12REPEALED
ORDINANCE. 0 91-12
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 91-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ESTABLISHING REGULATIONS GOVERNING THE
CONSTRUCTION OF SWIMMING POOLS; PROVIDING
DEFINITIONS; 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 CONTRACTORS 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; REPEALING ORDINANCE NO. 86-18 RELATING
TO SWIMMING POOLS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) 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,
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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.
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. _D__21-14.
Section 4. The regulations set forth in the Town Fence
Ordinance, Ordinance No. 91W-14 , 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 pool 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.
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Section 11. Above ground 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. That this Ordinance shall be cumulative of all
other ordinances of the Town affecting swimming pools and shall not
repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance; provided, however,
that Ordinance No. 86-18 relating to swimming pools is hereby
repealed in its entirety, but provided that any action, cause of
action or claim which has been initiated or has arisen under or
pursuant to Ordinance No. 86-18 shall continue to be governed by
the provisions of that Ordinance, and for that purpose Ordinance
No. 86-18 shall be deemed to remain in full force and effect.
Section 14. 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 fine in a sum not to
exceed Five Hundred Dollars ($500.00) for each offense and a
separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
Section 15. 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 15th day of October , 1991.
or, Town of , -Trophy Club, Texas
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ATTEST:
19 ,
Town Secre r ,
Town of Tr phy Club, Texas
[SEAL]
APPpofTraphy
S......T.O FORM:
--�-T wney,
Tow Club, Texas
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