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: