HomeMy Public PortalAboutOrdinance No. 607-89 11-27-1989 ORDINANCE NO. 607
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AN ORDINANCE PROVIDING FOR THE REGULATION OF PRIVATE
SWIMMING POOLS; THE DRAINAGE OR REMOVAL OF SWIMMING
POOL WATER, RESIDUE, SLUDGE, OR CHEMICAL AGENTS UPON
THE GROUND, DITCH, STREET, GUTTER, SANITARY SEWER, OR
STORM DRAIN WITHIN THE CORPORATE LIMITS OF RICHLAND
HILLS, TEXAS; PROVIDING FOR A PERMIT TO CONDUCT SUCH
OPERATION; PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, citizen complaints have focused attention to the fact
that the discharge of swimming pool water is offensive or
undesirable to adjoining property owners; and
WHEREAS, such water release or discharge upon the ground, street,
or gutter can cause undesirable erosion or damage thereby having
an effect to adjoining property owners or the maintenance of
public rights of way; and
WHEREAS, there appears to be a need to regulate the discharge and
release of such water.
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
I.
No person, firm, or organization may cause the release or
discharge of swimming pool water, residues, pollution, sludge, or
related chemical agents upon the ground in such manner that such
material enters onto adjoining property, or into any ditch,
street, gutter, sanitary sewer, or storm drain without having
first obtained a permit to conduct such operation from the City
of Richland Hills. Such permit shall have a fee attached as set
by the City Council.
II.
The following pools shall be exempt from the provisions of this
Ordinance:
(1) Swimming pools used above ground and used
exclusively for child entertainment, spas and hot
tubs and having a water capacity of less than one
thousand (1,000) U.S. gallons;
(2) Swimming pools discharging to the sanitary sewer
• through use of a connection which meets the
requirements of the State Department of Health
Design Standards for Public Swimming Pool
Construction;
(3) Swimming pools, spas and hot tubs discharging to
• the sanitary sewer through use of a connection
which meets the requirements of the Uniform
Swimming Pool, Spa and Hot Tub Code.
III.
The permit process shall indicate the source location and target
location of swimming pool water, polluted water, residue, sludge,
or water chemicals additives. The Code Enforcement Officer may
inspect the property to determine the individual circumstances
surrounding the need to conduct such discharge and to require, if
necessary, the discharge of such water, pollution, residue, or
sludge by means of a hose network or system so as to cause the
release or discharge harmlessly and without damage to property of
another or by causing undue damage or erosion to property under
the care and maintenance of the City.
The Code Enforcement's official determination shall consider any
factors involved and determine the method of discharge, the
release destination and so indicate on the permit.
IV.
• The permit fee shall be $10.00. The said permit shall be valid
for a period of thirty (30) days.
V.
PENALTY CLAUSE. Any person violating or failing to comply with
the provisions of this Ordinance, as listed above, shall be
deemed guilty of a misdemeanor and each day any violation or non-
compliance continues shall constitute a separate and distinct
offense and upon conviction thereof such person(s) shall be fined
not less than Fifty Dollars ($50.00) nor more than Two Thousand
Dollars ($2000.00) per day.
VI.
SEVERABILITY CLAUSE. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the
valid judgement or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections
of this ordinance, since the same would have been enacted by the
• City Council without the incorporation in this ordinance of any
such invalid or unconstitutional phrase, clause, sentence,
paragraph or section.
VII.
EFFECTIVE DATE. This ordinance shall be in full force and
effect from and after its passage and publication as provided by
the Richland Hills City Charter.
AND IT IS SO ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND
HILLS, TEXAS, ON THE MOTION OF LOGAN SECONDED BY
GLADSTONE ADOPTED BY THE CITY COUNCIL, MEETING IN
REGULAR SESSION THIS 27th DAY OF NOVEMBER 1990 By A VOTE OF
5 AYES, 0 NAYS AND 0 ABSTENTIONS.
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APPROVED:
l
C ~ ~
W. H. VINCENT, JR., MA OR
ATTEST:
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Pauline Kempe, City ecretary
APPROVED AS TO FORM:
c= ~ ~
Paul Wienes ie, City Attorney
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