HomeMy Public PortalAboutOrdinance No. 617-90 05-07-1990 ORDINANCE NO. 617
AN ORDINANCE REPEALING ORDINANCE NO. 607;
AMENDING CHAPTER 6, "HEALTH AND SANITATION" OF
• THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS,
TEXAS, AS AMENDED, BY THE ADDITION OF A NEW
SECTION 9 "SWIlVIl~IING POOLS" THERETO, PROVIDING FOR
THE REGULATION OF PRIVATE SWIlVIl~~TG POOLS AND
THE DRAINAGE OR REMOVAL OF SWIlVIlVil1VG POOL
WATER, RESIDUE, SLUDGE, OR CHEMICAL AGENTS UPON
THE GROUND, DITCH, STREET, GUTTER, SANITARY
SEWER, OR STORM DRAIN WITHIN THE CORPORATE
LIlVIITS 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 a deletorious effect upon
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.
That CHAPTER 6, "HEALTH AND SANITATION" of the Code of Ordinances,
City of Richland Hills, Texas, as amended, be hereby amended by the addition of a
new Section 9 "SWIMMING POOLS" thereto, which section shall hereafter be and
read as follows:
SECTION 9: SWIMMING POOLS
A. 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.
B. The following pools shall be exempt from the provisions of this
Section:
1. Swimming pools installed above ground and used
exclusively for child entertainment;
• 2. Spas and hot tubs and having a water capacity of less
than one thousand (1,000) U.S. gallons;
ORDINANCE NO. 617 Page 1
• 3. Swimming pools discharging into 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; and
4. Swimming pools, spas and hot tubs discharging into the
sanitary sewer through use of a connection which meets
the requirements of the Uniform Swimming Pool, Spa and
Hot Tub Code.
C. The permit application 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 may 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 undue
damage or erosion to property under the care and maintenance
of the City.
In making the aforesaid official determination, the Code
Enforcement Officer shall consider any factors involved and
determine the method of discharge as well as the release
destination and so indicate on the permit.
• D. The permit fee shall be Ten ($10.00) Dollars. The said permit
shall be valid for a period of six (6) months.
II.
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 noncompliance continues shall constitute a separate and distinct
offense and upon conviction thereof such person(s) shall be fined not less than Fifty
($50.00) Dollars nor more than Two Thousand ($2,000.00) Dollars per day.
III.
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 judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
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.
•
ORDINANCE NO. 617 Page 2
IV.
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 the
laws of the State of Texas.
V.
Repeal of Prior Ordinance. Upon the effective date of this Ordinance,
Ordinance No. 607 shall be hereby repealed.
AND, IT IS SO ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS, ON THE MOTION OF Gladstone , SECONDED
BY Logan ADOPTED BY THE CITY COUNCIL, MEETING IN REGULAR
SESSION THIS 7th DAY OF May 1990, BY A VOTE OF 4 AYES, ~
NAYS AND 0 ABSTENTIONS.
APPR VE~: T
~1 / /
`r~ GZ~/ ~
James R. Truitt, Mayor
i
ATTEST:
. ~
C
• Pauline Kempe, City S retary
OVED AS TO FORM:
l
G-~k3~/ ~
aul F. Wienes ie, ity Attorney
0173a/dd/052390
•
ORDINANCE NO. 617 Page 3