Ordinance No. 1,028ORDINANCE NO. 1028
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 28, SWIMMING POOLS,
BY THE ADDITION OF A NEW ARTICLE, TO -WIT: ARTICLE II, "WATER
QUALITY REQUIREMENTS FOR PUBLIC SWIMMING POOLS "; CONTAINING DEFI-
NITIONS, ESTABLISHING WATER QUALITY STANDARDS FOR PUBLIC SWIM-
MING POOLS AS HEREIN DEFINED; PROVIDING AN ANNUAL PERMIT FOR THE
OPERATION OF PUBLIC SWIMMING POOLS; PROVIDING FOR A PENALTY NOT
EXCEEDING TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PRO-
VIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by amending Chapter 28, Swimming Pools, by the
addition of a new Article, to -wit: Article II, "Water Quality Requirements
for Public Swimming Pools ", which shall read as follows, to -wit:
Section 28 -3. Definitions.
a. Swimming pool. Any structure, basin, chamber, tank or
other receptacle capable of containing an artificial body of
water for swimming, diving or recreational bathing and having
a depth at any point of three (3) feet or more.
b. Public swimming pool. Any swimming pool, other than a
private residential swimming pool, as hereinafter defined,
intended to be used collectively by numbers of persons for
swimming or bathing, however owned or operated and regardless
of whether a fee is charged for such use. Such term includes,
but is not limited to, swimming pools owned or operated incident
to a multi - family dwelling project.
c. Private residential swimming pool. Any swimming pool lo-
cated on private property under the control of a single home
owner, the use of which is limited to members of his family
or their invited guests.
d. Multi- family dwelling project. Any combination of two
or more family dwelling units.
e. Wading pool. Any special purpose pool or receptacle set
aside primarily for use by children.
Section 28 -4. Water Quality.
a. The provisions of this Article shall not apply to private
residential swimming pools, as herein defined.
b. b. All public swimming pools, as well as wading pools, as herein
defined, shall maintain water quality at all times consistent
with the requirements herein set forth:
(1) Disinfectant. There shall be introduced into such
pools sufficient disinfectant so as to maintain at all times
1 a free chlorine residual of not less than 0.5 ppm as shown by
the standard ortho - tolidine test, which level shall be maintained
in all parts of the pool.
(2) Acidity - Alkalinity. The pool water shall be main-
tained in an alkaline condition so that the pH of the water
shall not be less than 7.2.
(3) Clarity of Water. The pool water shall be sufficiently
clear so that the main drain in the deepest part of said pool
is clearly visible from the edge of such pool nearest said
drain.
(4) Algae. Pool water, floors, walls and surrounding
decks and over -flow gutters shall be kept free of algae.
(5) Bacterial quality. Not more than 15% of samples
tested shall show the presence of coliform organisms nor
have a plate count of more than 200 bacteria per millileter.
(6) Recirculation system. Each public swimming pool
shall be equipped with a recirculation system which shall
consist of pumping equipment, hair and lent catcher and filters.
Wading pools shall be physically separated from swimming pools
and shall be served by the swimming pool recirculation system
or by a separate system.
Section 28 -5. Annual Public Swimming Pool License.
a. It shall be unlawful to establish, maintain or operate
a public swimming pool, as herein defined, without first se-
curing a public swimming pool license from the City of Baytown
Health Department. Written application for such license must
be filed with the Health Department, and must contain suffi-
cient information to identify the owners and /or operators of
the public swimming pool, the location of such pool, and the
name and address of the person, firm or corporation seeking
the license.
b. As an exception to the requirement for a license, the owner
or operator of an existing public swimming pool will be permitted
to continue operation of such swimming pool for a period of
sixty (60) days from the effective date of this Article with-
out obtaining a license therefor upon the following conditions:
(1) Such owner and /or operator shall make application
for a license, paying the required fee therefor within
such sixty (60) day period.
(2) Upon receipt of such application, the Health Department
shall cause an investigation to be made of such public
swimming pool to determine if the same meets the water
quality requirements of this Article.
(3) If the inspection of applicant's public swimming
pool indicates compliance with the water quality standards
contained in this Article, such applicant shall be issued
a license which shall be valid for a period until the fol-
lowing June 30th. If the inspection determines water
quality variances from the requirements of this Article,
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and the same are considered by the Health Depart-
, ment to be dangerous to life, health and safety of
the public, such license shall be denied. In the
event of the denial of a license, it shall be un-
lawful to continue the use of a public swimming pool
until the water quality standards are determined to
be in compliance with this Article, and the required
license is obtained.
(4) For good cause shown, the Health Department may ex-
tend the period for completion of any necessary upgrading
in the water quality standards for one additional period
of sixty (60) days.
c. It shall be unlawful for any public swimming pool owner,
or operator to continue operating such swimming pool unless he
shall have made application for a public swimming pool license
as provided herein within sixty (60) days from the effective date
hereof.
d. Licenses shall be valid for a period of one (1) year be-
ginning on July 1 of each year and shall be renewable annually during
the month of June. The license fee and annual license renewal shall
be the sum of $12.00. License fees for licenses issued after July 1
of each license year shall be prorated upon the basis of $1.00 for
each elapsed month, or fraction thereof, since July 1 of such year.
All license fees shall be non - refundable.
e. Public swimming pool licenses shall be non - transferrable.
f. By the acceptance of the license, the licensee shall be
deemed to authorize the inspection of his swimming pool at all rea-
sonable hours. Failure to permit such inspection shall be grounds
for suspension or revocation of the license.
g. Upon each such inspection by the Health Department, the
result of the inspection will be communicated to the licensee.
Discrepancies found in the water quality standards, as required
by this Article, shall be corrected within a time period specified
by the Sanitarian. If such discrepancy is considered, in the
opinion of the Sanitarian, to be hazardous to the health and safety
of the public, such license may be suspended until the discrepancy
corrected. It shall be unlawful to maintain or allow the use of
a public swimming pool during such period of suspension.
Section 2: Penalty Clause: Any person who violates any provision
or provisions of this ordinance shall be punished by a fine of not more than
TWO HUNDRED ($200.00) DOLLARS, and each violation shall constitute a separate
offense.
Section 3: Repealing Clause: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such inconsistency
and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
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APPY1111
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Section 4: Savings Clause: If any provision, section, excep-
tion, subsection, paragraph, sentence, clause or phrase of this, ordinance
or the application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordinance
or their applicationi, to other persons or sets of circumstances and to this
end all provisions of this ordinance are declared to be s,everable.
Section 5: Effective Date: This ordinance shall take effect
from and after ten (10) days after its passage by the City Council. The
City Clerk is hereby directed to give notice hereof by causing the caption
of this ordinance to be published in the official newspaper of the City of
Baytown at least twice within ten days after its passage,
INTRODUCED, READ and PASSED by the affirmative vote of the City Council
of the City of Baytown, this the 28th day of May, 1970,
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City Attor(,jby
C. GLEN
WM KER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City Attor(,jby