Ordinance No. 8,216Published in the Baytown Sun
Tuesday, March 3, 1998, and
Wednesday, March 4, 1998
ORDINANCE NO. 8216
980226 -10
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 6 "ALCOHOLIC
BEVERAGES," ARTICLE 11 "LICENSE OR PERMIT" SECTION "6 -32
"FEES," TO PROVIDE FOR A PENALTY OF NO LESS THAN $10.00 OR
MORE THAN $200.00 FOR SELLING ALCOHOLIC BEVERAGES
WITHOUT PAYING THE FEE LEVIED; CHAPTER 18 "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE X "SWIMMING POOLS AND
SPAS," DIVISION 3 "POOL YARD ENCLOSURES," SECTION 18 -1132
"PENALTY," TO PROVIDE FOR A PENALTY OF NO MORE THAN
$1,000.00 FOR VIOLATION OF THE POOL YARD ENCLOSURE
REGULATIONS; AND CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE X "SWIMMING POOLS AND SPAS,"
DIVISION 4 "CONSTRUCTION AND WATER QUALITY REQUIREMENTS
FOR PUBLIC SWIMMING POOLS," SECTION 18 -1167 "WATER
QUALITY," SUBSECTION (A) TO CLARIFY ALL ENUMERATED WATER
QUALITY STANDARDS ARE REQUIRED; AND REPEALING CHAPTER
130 "ZONING," ARTICLE VII "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 3 "PROPERTY DEVELOPMENT STANDARDS"
SECTION 130 -605 "MOBILE HOMES," CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 6 "Alcoholic Beverages," Article II "License or Permit"
Section 6 -32 "Fees" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to
read as follows:
ARTICLE IL LICENSE OR PERMIT
Sec. 6-32. Fees.
(a) The city council levies the maximum fee permitted pursuant to V.T.C.A., Alcoholic
Beverage Code §§ 11.38 and 61.36, collectable and concurrently valid with the issuance
of a license or permit by the state alcoholic beverage commission. The fee shall be paid
to the City Clerk.
(b) A permittee who sells an alcoholic beverage without first having paid a fee levied under
this section commits a misdemeanor punishable by a fine of not less than $10 or more
than $200.
Section 2: That Chapter 18 `Buildings and Building Regulations," Article X
"Swimming Pools and Spas," Division 3 "Pool Yard Enclosures," Section 18 -1132 "Penalty" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
® ARTICLE X. SWIMMING POOLS AND SPAS
Division 3. Pool Yard Enclosures
Sec. 18 -1132. Penalty.
980226 -10a
An offense under this division is a misdemeanor, and any person who shall violate any
section of this division shall, upon conviction, be punishable by a fine not to exceed $1,000.00.
Each day of the continuance of such violation shall be considered a separate offense, and each
and every day shall constitute a separate violation.
Section 3: That Chapter 18 "Buildings and Building Regulations," Article X
"Swimming Pools and Spas," Division 4 "Construction and Water Quality Requirements for
Public Swimming Pools," Section 18 -1167 "Water Quality," Subsection (a) of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE X. SWIMMING POOLS AND SPAS
Division 4. Construction and Water Quality Requirements for Public Swimming Pools
Sec. 18 -1167. Water Quality.
(a) All public swimming pools, other than spas, shall maintain water quality at all times
consistent with the requirements herein set forth:
(1) Algae. Pool water, floors, walls and surrounding decks and overflow gutters shall
be kept free of algae;
(2) Acidity, alkalinity. The pool water of a public swimming pool shall be maintained
in an alkaline condition so that the pH of the water shall not be less than 7.2 or
more than 8.0;
(3) Bacterial quality. Not more than 15 percent of samples tested shall show the
presence of coliform organisms nor have a plate count of more than 200 bacteria
per milliliter;
(4) 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;
(5) Disinfectant. There shall be introduced into a public swimming pool sufficient
disinfectant so as to maintain at all times a free chlorine residual of not less than
1.0 p.p.m. as shown by the standard ortho - toluidine test, which level shall be
maintained in all parts of the pool or other state- approved disinfectant; and
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980226 -10b
(6) Recirculation system. Each public swimming pool shall be equipped with a
recirculation system which shall consist of pumping equipment, hair and lint
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 4: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 3 "Property Development Standards" Section 130 -605 "Mobile homes" of
the Code of Ordinances, City of Baytown, Texas, is hereby repealed in its entirety.
Section 5: 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.
Section 6: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 7: This ordinance shall take effect from and after ten (10) days from 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 (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 26`h day of February, 1998.
ATTEST:
C _
EILEEN P._HALL, tity Clerk
APPROVED AS TO FORM:
IRfTACIO RAMIREZ, S ity Attorney
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PETE C. ALFA O, Mayor